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Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)

....ts giving rise to this Rule may be stated as follows:— The petitioners as plaintiffs instituted a suit be­ing Other Class Suit No. 377 of 1985 in the Court of the Subordinate Judge, Bogra for a declaration that the preliminary decree dated 26.8.84 and the final de­cree dated 8.12.84 passed in......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grant­ed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......itioners Vs. Begum Tofatun Nahar & others ....................Opposite Parties Judgment December 14, 1988. Cases Referred to- 28 DLR (AD) 57, Naimullah and another Vs. Govt. of Bangladesh and others, the Bangladesh Supreme Court Di­gest 1972-1977, Volume I at page 65; Shahjad..

Category: Procedural Law | Date: | Hits: 80

M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)

....ontention the learned Advocate refer to two decisions reported in (a) 26 DLR 82 and (b) 29 DLR 56. 10. In the first case it was held that if the plaint disclosed that the relief sought was not for declaration of title to the land but for some other re­lief relating to it, the suit fell under sec......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. ......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)

....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.......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.......reme Court High Court Division (Special Original Jurisdiction) Present: Mustafa Kamal J Nurul Huque Bhuiyan J Md. Torab Ali....................................Petitioner Vs. Bangladesh Textile Mills Corporation & another..........................Respondents Judgment ..

Category: Employment/Service Law | Date: | Hits: 73

Trading Corporation of Ban­gladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)

....ers Ltd. 34 DLR (AD) 110 and argues that the power of the Admiralty jurisdiction of the court has been widened and the present suit being a suit for compensation for the loss of money suffered due to declaration of general average by the ship owner the present suit is maintainable. He relied upon th......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 ...... of 1988 Judgment AM Mahmudur Rahman J.- The plaintiff filed Admiralty Suit No. 2 (Ctg) of 1988 for compensation in the Admiralty Jurisdiction of the High Court Division of the Supreme Court of Bangladesh for U.S. # 5,80,000.00 equivalent to Taka 1,91,40,000.00 against the principal defendants..

Category: Admiralty Law or Maritime Law | Date: | Hits: 175

Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)

....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.......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.......mad Abdur Rouf J Syed Fazle Ahmed J Md. Monirul Hoq son of Late Haji Abid Ali, Chair­man, Chandina Upazilla Parishad, Chandina, Comilla......................Petitioner Vs. Government of Bangladesh represented by the Secretary, M/O. Local Govt. & Rural Dev. of Bangladesh, Dhaka &..

Category: Election Law | Date: | Hits: 92

President, National Tuberculo­sis Relief & Rehabilitation Society Vs. Md. Maftabuddin Chowdhury, 1988, 17 CLC (HCD)

....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.......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.......hury instituted a suit being Title Suit No. 586 of 1983 for ejectment of a tenant alleging, inter alia, that the defendant, namely, Messrs National Tuberculosis Relief and Rehabilita­tion Society of Bangladesh was inducted in as a monthly tenant by the plaintiff landlord in respect of the suit prem..

Category: Property Law | Date: | Hits: 28

Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)

....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......knowledge was found to be correct and also held that the opposite party has not produced any document in support of the development cost and he has not proved the alleged development by producing any independence witness and thereby, affirmed the findings taking into consideration of the decision re......at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ..

Category: Property Law | Date: | Hits: 36

Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)

....Class Appeal No.323 of 1988 affirming the judgment and decree dated 30/06/1988 passed by the learned Subordinate Judge, 1st Court, Chittagong, dismissing Other Class Suit No.140 of 1975 pray­ing for declaration that the kabala dated 17/12/1972 and the alleged deed of rec­tification dated 20/02/197......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ......und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dis­missed. End. This Case is also Reported in: VII ADC (2010) 926. ..

Category: Trust/Waqf Law | Date: | Hits: 194

Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)

.... by the learned Joint District Judge, 1st Court, Dhaka, decreeing the Title Suit No. 5 of 2000. 2. The respondent No.1 of the applica­tion, as plaintiff, filed Title Suit No.5 of 2000 praying for declaration of title and recovery of khas possession of the suit property detailed in the plaint con......ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......ition to inter­fere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917...

Category: Property Law | Date: | Hits: 31

Government of Bangladesh and others Vs. Mariam Begum and others, 2009, 38 CLC (AD)

....n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......n, passed in dismissing the Civil Petition for Leave to Appeal. Since no new point has been raised this petition for review is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 906.......ision (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Government of Bangladesh and others…………………...Petitioners Vs. Mariam Begum and others………â..

Category: Property Law | Date: | Hits: 33

Saiful Alam Vs. Kamal Uddin Sabuj and others, 2011, 40 CLC (AD)

.... orders dated 05.01.2011 and 10.01.2011 passed by the Assistant Judge 4th Court, Dhaka in Title suit No. 05 of 2011. 2. It appears that the suit was filed on behalf of the petitioner praying for a declaration, inter alia, that the election of Press Club, Dhaka dated 31.12.2010, is illegal, mala f...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ...... Civil Revision No. 83 of 2011, be set aside. With the above directions, the Civil Miscellaneous Petition is summarily disposed of. Ed. This Case is also Reported in: 19 BLT (AD) (2011)102. ..

Category: Civil Law | Date: | Hits: 91

Solaiman (Md.) and others Vs. Md. Mosharaf Hossain Khan and others, 2002, 31 CLC (HCD)

....heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......heir service book. A copy of this judgment be sent to the Secretary, Ministry of Sport and Ministry of Establishment for necessary action. Ed. This Case is also Reported in: 54 DLR (2002) 531.......€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦â€¦. Petitioners Vs. Md. Mosharaf Hossain Khan and others............Respondent Contemners Judgment February 3, 2002. Cases Referred To- Shahabuddin vs. Bangladesh 1992 BLD 596 = 45 DLR 360; 47 CWN 186; 1960 PLR West Pakistan) Vol 11 page 751; AIR 1992 ..

Category: Civil Law | Date: | Hits: 70

State Vs. Masum and others, 2010, 39 CLC (AD)

....hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......hall continue till disposal of the appeal. The petitioner is at liberty to mention the appeal for expeditious hearing when it is ready. Ed. This Case is also Reported in: VII ADC (2010) 883. ......e High Court Division in Criminal Appeal No.3931 of 2006). Order Mohammad Fazlul Karim J. - Delay is condoned. This application under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judgment and order dated the 7th day of October, 2009 passed by t..

Category: Criminal Law | Date: | Hits: 47

Md. Ruhul Amin and others Vs. Mohammad Forkan Ullah and another, 2010, 39 CLC (AD)

....of 1996 allowing the appeal setting aside those dated 31.08.1996 passed by the Assistant Judge, Senbag, Noakhali in Title Suit No.4 of 1995 and Miscellaneous Case No.1 of 1995 dismissing the suit for declaration that the suit ewaj deed was out and out sale deed and subject matter of pre-emption. ...... month. The preparation of paper books is dis­pensed with as prayed for. The petitioners are permitted to add the additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 880....... 2009 passed by the High Court Division in Civil Revision No.2159 of 1998). Order Mohammad Fazlul Karim J.- This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 3rd day of February, 2009 passed b..

Category: Property Law | Date: | Hits: 52

Md. Liaquat Ali Khan and another Vs. Md. Nazimuddin and another, 2010, 39 CLC (AD)

....int District Judge, 1st Court, Narayanganj in Title Suit No.57 of 1999. 2. The respondents instituted Title Suit No.57 of 1999 in the 1st Court of the learned Joint District Judge, Narayanganj for declaration of title and recovery of khas possession contending, inter alia, that "Ka" schedule prop......have arrived at a correct deci­sion. We, therefore, find no reason to inter­fere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871.......have arrived at a correct deci­sion. We, therefore, find no reason to inter­fere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 871...

Category: Property Law | Date: | Hits: 30

Managing Director, Bakhrabad Gas Systems Limited and others Vs. Md. Nizamul Islam and others, 2010, 39 CLC (AD)

....reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......reparation of paper books is dis­pensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 857. ......, 2009 passed by the High Court Division in Writ Petition No.7835 of 2008). Order Mohammad Fazlul Karim J. - This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 20th day of October, 2009 passed b..

Category: Others | Date: | Hits: 82

Idrisur Rahman (Md.) and others Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh, 2008, 37 CLC (HCD)

....ndia in the matter of appointments of Judges. The Home Minister in clear terms conceded primacy to the Chief Justice of India on justifiable grounds. A day later, the Law Minister also made a similar declaration in the Rajya Sabha. We have quoted the speech of Mr. Jagannath Kaushal made on the floor......n of Additional Judges was an alien feature in the history of the Supreme Court as well as against the constitutional scheme. The then government out of political vengeance struck at the heart of the independence of the judiciary by not appointing him and five other Additional Judges as Judges of th...... Farhad Ahmed………………………Petitioner (In Writ Petition No. 3217 of 2003) Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, Government of the People's Republic of Bangladesh................. Respondent Judgment July 17, 2008 Cases Referred to- Khanda..

Category: Constitutional Law | Date: | Hits: 253

Arshad Hossain Haider and others Vs. Suza Uddoula and others, 2010, 39 CLC (AD)

.... Court Division found that Nasiruddin is the son of Jamiruddin and that the plain­tiff succeeded to prove the bainapatra exe­cuted by Jamiruddin. The learned Advocate also submitted that a suit for declaration of title and recovery of khas possession, unregistered bainapatra does not create any ti......ooks is dis­pensed with as prayed for. The order of status-quo granted earlier by this Court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 846......., 2009 passed by the High Court Division in Civil Revision No.3839 of 2001) Order Mohammad Fazlul Karim J. - This appli­cation under Article 103 of the Constitution of the People's Republic of Bangladesh is directed against the judg­ment and order dated the 14th day of May, 2009 passed by th..

Category: Property Law | Date: | Hits: 32

Chief Personnel (West), Bangladesh Railway and others Vs. Muhammad Shamsur Rahman and other, 2010, 39 CLC (AD)

....rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ......rit petitioners. With the aforesaid observations the leave petition Nos. 90-93 of 2010 are dis­posed of without any order as to costs. Ed. This Case is also Reported in: VII ADC (2010) 843. ...... Division (Civil) Present: Mohammad Fazlul Karim CJ Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Chief Personnel (West), Bangladesh Railway and others...........Petitioners (In all the cases) Vs. Muhammad Shamsur Ra..

Category: Employment/Service Law | Date: | Hits: 86

Md. Abdul Motalib Vs. Bangladesh, 2010, 39 CLC (AD)

....he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......he learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 841; 16 MLR (AD) 2011, 30; 64 DLR (AD) (2012) 87. ......n (Civil) Present: Mohammad Fazlul Karim J Md. Abdul Matin J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Abdul Motalib………………………....Petitioner Vs. Bangladesh, repre­sented by the Secretary, Ministry of Law, Justice and Parliamentary Affairs and o..

Category: Civil Law | Date: | Hits: 111