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....terms and conditions of the agreement the defendants failed to repay the outstanding dues to the plaintiff and hence the suit.
3. The court below on considering the documents decreed the suit ex parte vide preliminary decree dated 20.06.1999 and the final decree singed on 18.01.2001 and thereaf......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.
......4,909.64/- by selling the mortgaged property described in the plaint against the defendants and alleging, inter alia, that the defendant No.1 approached the plaintiff and the plaintiff sanctioned loan of Tk. 9,56,000/- as project loan vide dated 16.01.1988 and Tk. 6,96,000/- as C.C. loan vide sa..
Category: Civil Law | Date: | Hits: 96
Dr. Qazi Faruque Ahmed Vs. Mahbub-ul Karim and others, 2010, 39 CLC (AD)
....in the Court of Assistant Judge, 1st Court, Dhaka; that thereafter Civil Revision No.2323 of 2009 before the High Court Division arose out of the injunction matter in the suit; that after hearing the parties the High Court Division made the Rule absolute on 11.08.2009 directing the parties to main......f paper books is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955.......f paper books is dispensed with as prayed for. The order of stay granted earlier by this Court is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 955...Category: Civil Law | Date: | Hits: 103
Bangladesh Parjatan Corporation Vs. Md. Ali Hossain & another, 2009, 38 CLC (AD)
....r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ......he High Court Division and other papers on record. 13. The learned Advocate submits that though the corporation in strict compliance of the Service Regulation terminated the writ respondent on payment of 3 months notice pay instead of 3 (three) month's notice but the High Court Division decla......r book is dispensed with as prayed for. The order of stay granted earlier by this Court shall continue till disposal of the appeals.' Ed. This Case is also Reported in: VII ADC (2010) 949. ..Category: Employment/Service Law | Date: | Hits: 95
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....endant No. 8, Mehar Negar, defendant No.1 Suraiya Begum, defendant No.2, Tunu bibi and pro forma defendant No.9 Gul Akhter as his daughters and Aushi Bibi wife of late Kalimuddin died in the middle part of the year, 1975 leaving behind Yasin and Abul Hossain as her sons and also Mehar Negar, Sur...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ...... above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
....urt Division in Civil Revision Nos.6721 and 6690 of 2002.) Order Shah Abu Nayeem Mominur Rahman J. - These two leave petitions have been filed by the same petitioner and are in between the same parties and have arisen out of a common judgment and order dated 3.12.2007 passed in Civil Revisio.......L. No.43 under Nalchiti Police Station and thus the plaintiff-petitioner were owning and possessing the said 13 decimals of land and enjoying usufruct therefrom, since the respective transfers, on payment of rates, taxes and other charges to the Revenue office. 4. The defendant Nos.1-4 are the......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
Dr. Manzoor Rasheed Chowdhury Vs. Principal, DMC Dhaka and others, 2000, 29 CLC (HCD)
....oining report in the Ministry of Health but he was not given any posting then and there. After a long period his joining report was accepted and he was again posted as Indoor Medical Officer in the Department of Urology Dhaka Medical Hospital where he has been working at present. The petitioner’s ......the petitioner, in order to avail the last chance for obtaining decree of MS (Urology) from Bangabandhu Sheikh Mujib Medical University under the Dhaka Medical College, obtained the admission form on payment of requisite fees and submitted it after up filling with required documents on the same day ......ission test and by increasing one seat by the respondents. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 578. ..Category: Others | Date: | Hits: 100
Feroz Uddin Vs. Eshan Re-Rolling Mill Ltd., 2009, 38 CLC (HCD)
....arsekar Vs. Baban Alias Vishwanaths Godge and another (2005) SC case page 162. Lawyers Involved: Md. Arshadur Rouf, Advocate-For the appellant. Md. Belayet Hossain, Advocate-For the opposite party. Md. Abdul Khaleque with Mrs. Fazilatunnasa Bappy, Assistant Attorney General-For the State......hose cheques were bounced on 06.09.2005 for insufficient fund of the accused-appellant. Thereafter, the complainant-respondent issued a legal notice on 11.09.2005 upon the accused-appellant demanding payment of cheque money but the accused-appellant did not pay the same within the time, specified in......ties are hereby discharged from their bail bonds. Send down the lower court records at once for information and necessary action. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 684. ..Category: Criminal Law | Date: | Hits: 57
M. Anwar Hossain and others Vs. Government of Bangladesh and Others, 2008, 37 CLC (HCD)
.... 25.5.2008 issued by respondent No.3 and the order dated 16.6.2008 (Annexure-A-2) the petitioners obtained this Rule from this Court. 5. Added respondent No. 5 filed an application for addition of party stating that Other Class Suit No. 533 of 2006 for declaration of title in respect of the dispu...... the Registrar for registration. But the Registrar refused registration of the deed of sale as stamp duty had been paid on the consideration mentioned in the agreement for sale. The Registrar claimed payment of duties on the basis of market value of the property on the date of presentation of the de......ter the documents as per the value mentioned in the document itself. No order as to costs. Quamrul Islam Siddiqui J. - I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 703. ..Category: Property Law | Date: | Hits: 35
Md. Monjur Murshed Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
....s that there are separate loan facilities for all the other employees of the bank to purchase car, house building, flat, motor-cycle etc. at a low interest rate but this kind of loan facilities for a particular class of executives is very much illogical. That besides, over and above, there is a furt......t, motor-cycle etc. at a low interest rate but this kind of loan facilities for a particular class of executives is very much illogical. That besides, over and above, there is a further provision for payment by way of maintenance for the car which has got no justification either in equity or in law.......ngladesh, challenging the legality of the Memo No. নির্দেশ পরিপত্র নং সাঋ বি/১০ dated 19.2.2009, issued by the respondent nos. 4 and 5, approving the car loan facilities to the executives of the respondent Agrani Bank Limited. 2. It is stated in the p..Category: Banking Law | Date: | Hits: 205
Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....est @ 18% and cost from the petitioner hereof being defendant in the suit. 3. The defendant filed written statement to resist the claim of the plaintiff but the suit was allowed to be decreed ex-parte on 03.06.2000 and subsequently on receipt of auction notice from Court, the said defendant fil......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.......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...Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....kh Abdul Awal J Md. Sharif Hossain……………………………………..Plaintiff-respondent-petitioner Vs. Md. Abdul Jalil and another…………………Defendant-appellant-opposite parties. Judgment October 19, 2009. Cases Referred to- Lokman Mondal Vs. Amir Ali Mondal......s of the trial Court passed the impugned judgment. The learned Advocate finally relying on the decision reported in 33 DLR (AD) 359 submits that under Mohammedan Law the sale becomes complete only on payment of price by the vendee to the vendor and delivery of possession by the vendor to the vendee ......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744...Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....s. Abdul Quaiyum with Sasti Sarker-For the opposite Parties. Civil Revision No. 1353 of 1997. Judgment Syed Abu Kowser Md. Dabirush-Shan J.- This rule was issued calling upon the opposite party Nos.1 and 2 to show cause as to why the judgment and decree dated 23.11.96 and 31.12.96 respec...... x 70 square ft. of land to Abdur Razzaque and plaintiff No.1 by demolishing wall and house and demarcated the boundary of the plaintiff and defendant respectively by erecting boundary wall and after payment of consideration money for 3 kathas and 2 chataks of land, a 12’ ft. road has constructed ......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ..Category: Property Law | Date: | Hits: 39
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....h Dutta, Advocate — For the Opposite Parties. Civil Revision No. 88(C) of 1982 Judgment AM Mahmudur Rahman J.- This Rule is against an order refusing to strike off the name of the opposite party No. 1 from the plaint of Other Suit No. 41 of 1978 of the Court of Sub-Judge, 1st Court, Sadar......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ......e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ief sought for by way of mandatory injunction has got no market value and the plaintiff has put own valuation. The suit can be entertained on the valuation given by plaintiff". 2. The opposite party filed the aforesaid Title Suit against the present petitioners and some others alleging inter ......arket value, the court-fees payable would be on the value of the articles on the date of presentation of the plaint. 7. In the third case it was held that a suit to recover ornament pledged on payment of the amount due was not a suit to redeem a mortgage falling under section 7(ix) of the C......ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ..Category: Civil Law | Date: | Hits: 159
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....gail Cotton Mills Ltd., who abstained from their duties for a continuous period of 3 months from 25th March to 3rd December, 1971 without checking their actual attendance and sent the list to Wages Department for payment in violation of Government guidelines contained in Bangladesh Textile Mills......ls Ltd., who abstained from their duties for a continuous period of 3 months from 25th March to 3rd December, 1971 without checking their actual attendance and sent the list to Wages Department for payment in violation of Government guidelines contained in Bangladesh Textile Mills Corporation ......pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138...Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ich would be the natural reaction of an ordinary but a gentleman if addressed as a thief. Therefore, it could safely be found, on the basis of the prosecution own story that the complainant had a part to play in the incident or the accident. Of course calling a person a thief would not legally c......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. ......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)
.... Line, 38 DLR 30. Lawyers Involved: Kamal-ul-Alam with AKM Abdul Hakim, Advocates—For the Plaintiff-Petitioner. M. Hafizullah with P. Bhattacharya, Advocates—For the Defendant/Opposite parties Nos. 1, 3 and 4. Admiralty Suit No. 2 (CTG) of 1988 Judgment AM Mahmudur Rahman J.-......es were called upon to show cause as to why the ship M.V.CORINA defendant No. 1 should not be arrested and detained in the custody of the substitute Marshal of the Admiralty Court as a security for payment of the suit money and also ex-parte issued warrant of arrest of the defendant No. 1 M.V. C......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
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....riminal Revision No. 229 of 1987. Judgment Mustafa Kamal J.- This Rule obtained under section 561A of the Code of Criminal Procedure calls upon the Deputy Commissioner, Dhaka and the opposite parties to show cause as to why the order dated 7.6.87 passed by Mr. Kazi Golam Rasool, Additional S......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ..Category: Criminal Law | Date: | Hits: 32
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....otices of such elections having also not been served upon all such members they did not acquire the requisite qualification to be the representative members of the Upazila Parishad, their illegal participation in the no-confidence proceedings against the petitioner has vitiated the entire procee......ce basically being the member he entered upon his office as a member on taking oath to perform his functions as a member of the Union Parishad. Mr. Hoq also mentions that under the Union Parishads (payment of Honorarium to Chairman and members) Rule, 1985 no provision has been made allowing the ac......avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108...Category: Election Law | Date: | Hits: 92
....01 of 1985 by the learned Subordinate Judge, 1st Court, Dhaka, affirming those passed by the learned Munsif, 1st Court, Dhaka in Title Suit No. 586 of 1983.
2. Facts in short are that the opposite party, Md. Maftabuddin Chowdhury instituted a suit being Title Suit No. 586 of 1983 for ejectment of......eal where it was heard by the learned Subordinate Judge, 1st Court, Dhaka. The Court of appeal below after hearing both the parties dismissed the appeal on contest on a finding that a tenant making payment of rent in a lump is not protected from eviction unless there is contract to the contrary or......titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103...
Category: Property Law | Date: | Hits: 28
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