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Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......ication on 11-3-1997 for leave to deliver interrogatories under Order XI rule 1 read with section 151 of the Code of Civil Procedure. The learned Subordinate Judge by order dated 22-4-97 rejected the prayer of the defendant upon the view that the plaintiff was prepared with his papers. The suit havi..Category: Civil Law | Date: | Hits: 137
Government of Bangladesh Vs. Paresh Chandra Gharami and others, 1998, 27 CLC (AD)
....the High Court Division. No point of law of public importance is involved in this case. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 70. ......oducing valid documents of title and adducing evidence as to possession on the contrary the defendant government failing to prove foundation of making the suit property as vested property, plaintiffs prayer for title and the relief sought for declaration that the suit property is not vested property..Category: Property Law | Date: | Hits: 73
Bangladesh Telegraph and Telephone Board Vs. Lithi Enterprises Limited, 1997, 26 CLC (AD)
....e appeal is not well founded and liable to be dismissed. In the result, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 63. ......X of 1940), Section 30 The appellant cannot raise any objection to arbitration while it self submitting to arbitration not only once but twice before the learned subordinate judge, in that context prayer for fresh arbitration is not tenable…………(13) Misconduct on the part of the arbitra..Category: Alternative Dispute Resolution | Date: | Hits: 234
Abdul Jalil and others Vs. Sharon Laily Begum Jalil, 1997, 26 CLC (AD)
....and the children, and take other relevant evidence relating to the present conditions of the children, and to submit a report to this Hon’ble Court by a stipulated date, and further or in the alternative, if the parties so agree, to appoint an agency (such as International Social) an inter......, he made a very conciliatory offer to maintain the children “even in the custody of the respondent in Dhaka City in the same environment and with the same facilities at his costs” while making a prayer for stay of the impugned judgment on 5-9-95. Before we started hearing the appeal, we asked t..Category: Family Law | Date: | Hits: 250
Utpal Kanti Das Vs. Monju Rani Das, 1997, 26 CLC (AD)
....ance of any of the essential ceremonies, such as Saptapadi. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 47. ......he head, a stool or cushion to sit upon, and madhuparka, or a mixture of honey, curds, and clarified butter, each giving and taking being accompanied with a set formula, and the recitation of certain prayers; after which, along with other presents, the bride, whose right hand is joined with that of ..Category: Family Law | Date: | Hits: 212
Bangladesh Vs. Shafiuddin and Others, 1997, 26 CLC (AD)
....d. In view of our decision as above the three applications for being added as parties to the appeals are rejected. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 27, 3 BLC (AD) 6. ......given by the Special Bench. 77. As we have held that order Nos. 4 to 6 passed by Naimuddin Ahmed, J cannot be sustained in view of the special nature of the writ petitions we cannot accede to the prayer of petitioner Nos. 3 and 4 in CP No. 207 of 1995. The prayer is rejected. 78. Now we come..Category: Constitutional Law | Date: | Hits: 185
Dr. Waliar Rahman Vs. Bangladesh and others, 1997, 26 CLC (AD)
....ly prayer that the writ-petitioner can make now is to pray for an early hearing of the writ petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 26. ......enging the said order of suspension whereupon a Rule Nisi was issued and stay of the impugned order was also granted. 2. It appears that respondent No. 5, who was added in the writ petition on his prayer, filed an application for vacating the order of stay stating, inter alia, therein that in a m..Category: Others | Date: | Hits: 112
Islam Steel Mills Ltd. Vs. Nirman International Ltd. and others, 1998, 27 CLC (AD)
.... trying to withdraw bills from the Bangladesh Bank to defraud the plaintiff and to frustrate the suit. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD)(1998) 21. ......before judgment being an extraordinary power of interfering with a party’s right to use and enjoy its own property before any decree is passed, the Court should be very circumspect in allowing such prayer and must decide the matter on the strength of the facts of each case. A big company like resp..Category: Procedural Law | Date: | Hits: 134
Mansur Ali Sikder Vs. Kanailal Banaajee & others, 1997, 26 CLC (AD)
....committed any error of law leading to a failure of justice. No interference is therefore called for. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 14. ......Banaajee & others…………………Respondents Judgment June 26, 1997. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XVI Rule 1 If prayer for issue of summons to witnesses not bona fide or it is an abuse of process of the Court, it..Category: Property Law | Date: | Hits: 82
Nazem Uddin Vs. Election Tribunal & Others, 2001, 30 CLC (AD)
.... the same. In the result the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 17 ......nder Order 7 rule 11 of the Code of Civil Procedure for rejection of the election petition. Respondent No. 2 also filed an application for amendment of the Election Petition. By order dated 30-7-1998 prayer for amendment was allowed by the Election Tribunal. Being aggrieved by the same appellant fil..Category: Election Law | Date: | Hits: 109
Abdul Jalil and others Vs. Islamic Bank Bangladesh Ltd and others, 2000, 29 CLC (AD)
....dant No. 1 from defendant Nos. 2 to 6 and these defendants filed an application under Order VII rule 11 read with Order XIV rule 2 of the Code of Civil Procedure for rejection of the plaint or in the alternative for hearing on law point first which prayer was rejected by the learned Subordinate Judg......ision in Civil Revision No. 2757 of 1999 making the Rule absolute rejecting the plaint of Title suit No. 42 of 1999 of the 5th Court of Subordinate Judge, Dhaka who earlier rejected the defendants’ prayer for rejection of the plaint und Order VII rule 11 of the Code of Civil procedure. 2. The ..Category: Property Law | Date: | Hits: 101
Hosne Ara Begum and another Vs. Islami Bank Bangladesh Limited, 2000, 29 CLC (AD)
....ory power under Article 109 of the Constitution is not available. For the following reason stated above, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 9. ...... of 1993. 4. It appears that on 17-3-1993 the case was fixed for argument and on that date time was taken. Subsequent thereto on 17-7-1993 respondents filed an application for recalling PW 1. The prayer was allowed. After closure of the evidence the case was fixed for argument on 7-8-1993. Again..Category: Business or Commercial Law | Date: | Hits: 148
Agrabad Hotel Ltd. & another Vs. Revenue Deputy Collector, Cox's Bazar & others, 2006, 35 CLC (AD)
....e discussions made above, we are of the view that the High Court Division was not justified in discharging the Rule. The appeal is, accordingly, allowed. No order of cost. Ed. ......ase of the land in favour of the appellant but no action on this letter was taken by the Deputy Commissioner and by letter dated 20.03.1995 the salami money was again enhanced to Tk. 27,37,632 and on prayer of the Appellant the Government allowed payment of salami money by four installments. Undispu..Category: Property Law | Date: | Hits: 127
Hriday Ranjan Dey & another Vs. Niranjan Dey and others, 2002, 31 CLC (AD)
....d 5.5.1971 of the Munsif, Second Court, Patiya in Title Suit No.85 of 1959. 2. The appellants as the plaintiffs filed the suit for declaration of title and confirmation of possession or in the alternative for recovery of possession if found to be out of possession stating, inter alia, that th......ব্যস্তে তাহাতে বাদীর দখল স্হিরতর থাকার ডিক্রি হয়। (underlinings are ours) 19. In the light of the averments and prayer as aforesaid in the plaint after remand an issue was framed as to whether the plaintiffs ..Category: Procedural Law | Date: | Hits: 112
Abdul Matlib and others Vs. Abdul Malik, 2006, 35 CLC (AD)
....ument of Mr. T.H. Khan. Accordingly, we allow the appeal by setting aside the impugned judgment of the High Court Division and affirm those of the courts below. No order as to cost. Ed. ...... names of the left out parties because of the fact that the pre-emptor respondent himself filed a subsequent application on 25-04-1996 before the appellate court giving a good-bye to his earlier prayer made by application dated 20-04-1995 and prayed for remanding the case to the trial court. Mr..Category: Property Law | Date: | Hits: 56
Abdus Quddus Vs. Administration of Waqf & others, 2006, 35 CLC (AD)
....bsp; 16. Accordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ......ined an order of stay for a period of 6 months. 6. After obtaining the order of stay from the High Court Division the respondent No. 3 filed an application before the respondent No. 1 with the prayer for making necessary order in the light of the order of the High Court Division in Civil Revi..Category: Property Law | Date: | Hits: 57
Mohiuddin and others Vs. Shwkat Ali and others, 2006, 35 CLC (AD)
....to interfere with the same. 12. On the reasonings stated above, we do not find any substance in this appeal, which is, therefore, dismissed of contest without any order as to costs. Ed. ......Court of Assistant Judge, Jhenaidha praying for declaration of their title and confirmation of possession and alleging dispossession from the suit property. During pendency of the suit a further prayer was made by amendment of the plaint for recovery of possession. The case of the plaintiff res..Category: Property Law | Date: | Hits: 57
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
.... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ......s for remission of the award read with section 31 of the Act was not for surrendering to the jurisdiction of the Arbitrator or divesting the authority to the arbitrator to pass the award but with the prayer for setting aside the same as it has no validity or existence in the eye of law for the reaso..Category: Alternative Dispute Resolution | Date: | Hits: 229
Khalilur Rahman A.S. P. S. B Dhaka Vs. Md. Kamrul Ahsan and others, 2005, 34 CLC (AD)
....discussions made hereinabove we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 486. ......aining the authority from taking action in a matter which is matter for adjudication by Administrative Tribunal or in a matter adjudication whereof awaits before the Administrative Tribunal and the prayer for ad interim order was rejected by the Tribunal. 12. Sub-Section (1) ..Category: Administrative Law | Date: | Hits: 152
Abdul Malek and others Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
...., felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ......;tiff in 'Kha' Schedule land and directed for recovery of khas possession and also declared title in 'Ka' schedule land and directed for partition of the same as per prayer made in the plaint. 8. Being aggrieved by the judgment and decree of the lower a..Category: Property Law | Date: | Hits: 73
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