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Kazi Moniruzzaman and others Vs. Kazi Nuruzzaman and others, 2006, 35 CLC (HCD)
.... the same to Janata Bank, defendant No.4, as monthly tenant and it was also alleged that all the title papers have been in his custody and he filed the same in the Court. 3. The defendant-opposite party Nos. 1 and 2 filed written statement alleging that they acquired the property by taking loan f......shall dispose of the case expeditiously preferably within 6(six) months from the date of receipt of this judgment. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 306.......he title papers have been in his custody and he filed the same in the Court. 3. The defendant-opposite party Nos. 1 and 2 filed written statement alleging that they acquired the property by taking loan from their father Abul Kashem; that the loan was repaid by the defendants and the title papers ..Category: Property Law | Date: | Hits: 131
Nabisco Biscuit and Bread Factory Ltd. Vs. Baby Food Products Ltd. and another, 2005, 34 CLC (HCD)
....itioner, Nabisco Biscuit & Bread Factory Ltd (hereinafter referred to as "Nabisco") under section 46 of the Trade Marks Act, 1940 (hereinafter referred to as " the Act") calling upon the opposite parties to show cause as to why the registered trade mark No. 21508 in Class 30 should not be remove......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ......ected to take necessary steps in accordance with law to effect rectification of the Register of Trade Marks in the light of this Judgment. Ed. This Case is also Reported in: 58 DLR (2006) 287. ..Category: Intellectual Property Law | Date: | Hits: 386
Sonali Bank Limited and Others Vs. Prime Global Limited and Others, 2011, 40 CLC (AD)
....ed 25.08.2010, passed by the High Court Division in Writ Petition No. 7916 of 2008, making the rule absolute. 2. It appears that the Uttara Bank Ltd. the reapondent No. 3 herein obtained an ex-parte decree in Artho Rin Suit No. 293 of 2003 against Sonali Bank, the petitioners, on the allegati...... that the cheques issued by Chittagong Tobacco Company Ltd. in favour of Prime Global Ltd, the defendant-respondent No.1, was although endorsed by Sonali Bank but subsequently on presentation refused payment on the ground that fund in the account of the drawer was not available. The petitioner kne......ee is a nullity in the eye of law for the following reasons: i) No attempt was made to serve the summons upon the defendant-petitioner, ii) Sonali Bank never guaranteed the repayment of the loan enjoyed by the defendant Nos. 1,3 to 5 from Uttara Bank Ltd. iii) The endorsement on the bac..Category: Civil Law | Date: | Hits: 102
Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)
.... dated 02.08.2010 passed by the Joint District judge allowing recall of the P.W.1 for cross-examination on behalf of the defendants. 3. We have heard the learned Counsel appearing on behalf of the parties and perused the materials on record. It is alleged on behalf of the petitioners that the P.W......not on commission. 6. It appears that the defendant petitioner had also laches in conducting the suit before the Trial Court. As such, let a cost of tk. 10,000/- be imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is dis......imposed upon the petitioner for payment to the plaintiff respondents. With these observations and directions this petition is disposed of. This Order is also Reported in: 19 BLT (AD) (2011) 52. ..Category: Civil Law | Date: | Hits: 82
Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....he learned Subordinate Judge, First Court, Sadar, Chittagong in Miscellaneous Case no 230 of 1994 rejecting the application under Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for decla......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ..Category: Property Law | Date: | Hits: 115
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ut any information regarding the amount of sale proceeds. It is also not clear that the sale proceeds had been credited to the loan account of the petitioner. None of the Advocates for the contending parties could appraise us about the sale proceeds. 9. Mr. Mostafa Neaz Mahmood, the learned Advoc......ealisation of Taka 7,74,81,583 from the defendants. In the plaint it is stated, inter alia, that the plaintiff bank through its lawyer served legal notice upon the defendant petitioner on 29-3-98 for payment of the bank dues but the defendant-petitioner failed to pay the bank dues. Thereafter, the p...... cause of action of the suit arose at the office of the plaintiff-respondent at Strand Road, Chittagong firstly, on 8-4-1995 when the application was filed in the office of plaintiff-Bank for opening loan sanction account and then on 25-7-1995 when the Bank awarded the defendant LIM benefit and ther..Category: Civil Law | Date: | Hits: 131
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....t are that the plaintiff respondent entered into a written contract with the defendant-appellant for completion of some construction works of the defendant appellant. That a dispute arose between the parties regarding the construction of the said work. It has been stipulated in the contract that in ......elf notified about the passing and signing of the award to the plaintiff-respondent and on the basis of such notice a copy of the award was received by the plaintiff-respondent who thereupon demanded payment of the awarded sum from the defendant-appellant by letters dated 12-11-1996 and 03-11-19......ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75...Category: Alternative Dispute Resolution | Date: | Hits: 187
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
.... as a Final Seniority List by the petitioner is, in fact, not final at all. Rather, the respondent Nos. 2 and 3 contend that list dated 2-3-2000 as evident in Annexure-B is merely representative of a part of a legally sanctioned process of continuous rearrangement and/updating of the service hierarc......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....30-7-2001 passed by the Senior Assistant Judge, Trishal, Mymensingh in Miscellaneous Case No. 49 of 2000 (pre-emption) disallowing the pre-emption. 2. The case of the pre-emptor-appellant opposite party Md. Sohrab Ali, in brief, is that the disputed land belonged to opposite party No. 2 Haji Md. ......9 must be followed. As per contemplation of section 3 of the aforesaid Ordinance, Government may, by notification in the official Gazette, acquire any land and establish any hut of Bazar thereupon on payment of compensation and in compliance of other provisions in this section. But there is nothing ......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)
....02. Judgment Nozrul Islam Chowdhury J. - This Rule at the instance of the plaintiffs as petitioners, was issued under section 115(1) of the Code of Civil Procedure asking the defendant opposite parties to show cause why order No. 63 dated 12-8-2002 passed by the Joint District Judge, 1st Court......in 13 DLR 871 which was a suit for specific performance of contract and the plaintiff in his initial plaint pleaded that he entered into an agreement with the defendant for sale of the suit land upon payment of consideration directly to the defendant but after submission of the written statement by ...... with the appeal in accordance of law. Send down a copy of this judgment to the learned Joint District Judge, Kishoreganj for compliance. Ed. This Case is also Reported in: 58 DLR (2006) 240...Category: Procedural Law | Date: | Hits: 93
Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)
....e Petitioners. Md. Ibrahim Mollah, Advocate—For the Opposite Parties. Civil Rule No. 510(Con) of 2001. Judgment Salma Masud Chowdhury J. - This Rule was issued calling upon the opposite party Nos. 1-6 to show cause as to why the delay of 309 days in filing this revisional application s......ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ..Category: Procedural Law | Date: | Hits: 96
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ngh, the defendant-respondent-petitioner moved this Court and obtained the instant Rule. 2. Facts necessary for disposal of the Rule, briefly stated, are as under the plaintiff-appellants-opposite party Nos. 1 and 2 were allotted 40 decimals of land under Khatian No. 1, Plot No. 190 at Mouza Halu......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
....questions arose are that the petitioner in the revision case instituted a suit being Other Suit No. 96 of 2003 on 3-6-2003 in the Second Court of Joint District Judge, Chittagong against the opposite party Nos. 1-8 praying for declaration of title in the suit properties. In the suit in pursuance of ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)
....ntary Rule was filed on behalf of the petitioners seeking to impugn sections 9(1)(i) and 25(2) of the Bankruptcy Act, 1997 (Act X of 1997) as unconstitutional. Thereupon, on hearing all the concerned parties an additional Rule was issued on 24-10-2005 calling upon the respondents to show cause as to......made on it by the creditor to pay the same, may the creditor be an individual or a body of individuals or a financial institution including a bank, it fails to pay the same or to provide security for payment to the satisfaction of the creditor. 13. It is, therefore, evident that by applying the a......he petitioner company its 35% shares are still held by the government represented by 3 (three) directors on the board of directors of the petitioner company. 4. The petitioner company obtained the loan by way of working capital for Taka 29.40 crore to tide over the bad days in the jute industries..Category: Civil Law | Date: | Hits: 125
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....formant Md. Ziaul Huq Chowdhury obtained this Rule against the order dated 7-6-03 of the Additional Sessions Judge, 3rd Court, Chittagong in Sessions Trial Case No. 1 of 2001 discharging the opposite party No.2 Mofizur Rahman alias Mofizul Azam on the ground that there is no sufficient evidence to p......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... feeder operator. During the course of its business the plaintiff entered into an agreement with the defendant No. 5, Sea Consortium Pvt. Ltd on 24-2- 2004 ("the Agreement"). Under the Agreement each party was to contribute two vessels which would be able to operate a twice weekly service on a 14-da...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....rough the Deputy Commissioner at Comilla. Pursuant to the disinvestment policy, on 25-5-79 said Ministry invited tenders for sale of said Rupkatha cinema hall and the plaintiff along with others took part in the bid. Quotation of the plaintiff was accepted as the highest bid. Upon deposit of 20% of ......sale of said Rupkatha cinema hall and the plaintiff along with others took part in the bid. Quotation of the plaintiff was accepted as the highest bid. Upon deposit of 20% of the quoted price as down payment, on behalf of said Ministry a deed of agreement was executed for the sale of the cinema hall......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....834 of 1999, Rule Nisi was issued calling upon the respondent, Mr. Anwar Hossain, to show cause as to why his acts of issuing the impugned orders contained in Annexures-A, A-1 and A-2 directly taking part in the management and running of the business of the petitioner No.2, Ittefaq Group of Publicat......agement or conduct of any company, association or body having profit or gain as its objects. These may prevent the holder of any such office from receiving the salary or remuneration of the office as payment of salary or remuneration of the office renders such an office an office of profit, To remov......eiver of the Supreme Court of Bangladesh as the official liquidator of the said Company in liquidation. But in the meantime the BSRS had sold out the Mills to a third party to recover its outstanding loan from the Company. The official liquidator took possession of the office of the Company situated..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....before revocation of the petitioner's licence. He further submits that since the petitioner voluntarily retired from the post of teacher of a Government Primary School, there is no impediment on his part to work as the Nikah Registrar. He lastly submits that the order of revocation of licence of th......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)
....tioner came to know that a case was started against him being BACGR. Case No. 9 of 2002 corresponding to Sabujbag Police Station Case No. 27 dated 16-1-2002, on the selfsame allegations for which a departmental proceeding had already been started. The petitioner had in the facts aforestated no crimi......uction of the petitioner, a copy of the letter (Annexure-G2) was sent to the Superintendent (Import-Examination) for necessary action because he was responsible for actual delivery of the goods after payment of duty and issuance of out pass. Mr. Shajahan, working for Port Authority in ICD Kamlapur r......no order as to costs. The order of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 58 DLR (2006) 106, 26 BLD (HCD) (2006) 83. ..Category: Criminal Law | Date: | Hits: 158
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