Judgment search - Chancery Law Chronicles

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Sonali Bank Limited and others Vs. M/s. Fair Chemicals (Pvt) Ltd. and others, 2011, 40 CLC (AD)

....presented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.188 of 2011. Order ABM Khairul Hague CJ.- This petition for leave to appeal has been filed against the judgment and order dated 11.12.2010, passed by the High Court Division in Civil Revision No.3019 of 2010, making the ru......rd 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.1 was examined on commission without serving any notice upon the learned Advocate of the defendants. In the facts and circumstances of the case, the ......e Petitioners. M. Amirul Islam, Senior Advocate, instructed by Md. Ferozur Rahman, Advocate -on-Record- For Respondent Nos.1 & 2. Not represented-Respondent Nos. 3-5. Civil Petition for Leave to Appeal No.188 of 2011. Order ABM Khairul Hague CJ.- This petition for leave to ap..

Category: Civil Law | Date: | Hits: 82

Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....cate—For the petitioner HN Nondy, Advocate—For the Opposite Parties. Civil Revision No. 1255 of 2000. Judgment Siddiqur Rahman Miah J. - This Rule arises out of the judgment and order dated 25-11-1999 passed by the learned Additional District Judge-cum-Bankruptcy Court, Chittagong in......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. ......f 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 declaration of title, separate possession and partition in the First Court of Subordinate Judge,..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....Siddiqur Rahman Miah J. - This revisional application under section 115(1) of the Code of Civil Procedure at the instance of defendant appellant petitioner is directed against the judgment and decree dated 16-2-2004 passed by the learned District Judge, Tangail in Family Appeal No. 37 of 2002 affirm......abinnama on 11-1-1996, at a dower of Taka 3,000 and the marriage was consummated as they lived together as husband and wife. She further deposed that the talaq dated 22-7-1998 was not affected as the notice of talaq was not at all served on the Chairman as well as on her and the talaq remained inval......e case. 2. The plaintiff-opposite party Most Rokshana Choudhury (Sanda) filed Family Suit No. 11 of 1999 in the Court of the learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and fo..

Category: Family Law | Date: | Hits: 184

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

....Petition No. 485 of 2001. Judgment Md. Muzammel Hossain J.- This Rule was issued at the instance of the petitioner calling upon the respondents to show cause as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the su...... respectively for declaring them, as bankrupts for realisation 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-petit......as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be ..

Category: Civil Law | Date: | Hits: 131

Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)

....s Involved: T.H. Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Criminal petition for Leave to appeal No. 270 of 2009. (From the judgment and order dated 18-03-2009 passed by the High Court Division in Criminal Revision No.1142 of 2007.) Judgmen......referred to the decision of the case of Bangladesh Vs. Paran Chandra Baroi reported in 1986 BCR (AD) 225. Mr. Khan finally submits that the High Court Division committed an error of law in failing to notice that from the material on record the allegation raised against the accused-petitioner does ......) 116; State Vs. Khondker Md. Moniruzzaman, 17 BLD (AD) 54. Lawyers Involved: T.H. Khan, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Criminal petition for Leave to appeal No. 270 of 2009. (From the judgment and order dated 18-03-2009 passed by the ..

Category: Criminal Law | Date: | Hits: 73

Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)

....-On-Record-For the Appellant A.W. Bhuiyan, Senior Advocate instructed by Md. Aftab Hossain, Advocate-On-Record-For the Respondents. Civil Appeal No. 208 of 2004. (From the judgment and order dated 18.08.2003 passed by the High Court Division in F.A. No.255 of 2002.) Judgment Md. Muzam......on of the Umpire. Besides that the Arbitrators of the respective parties also submitted their respective awards, documents and papers filed before them to the Umpire. 4. The Umpire having issued notices on the parties fixed the matter for hearing on 18-08-1996 and upon hearing the parties and i...... The respondent as plaintiff filed Title Suit No.158 of 1999 in the Court of Sub-Ordinate Judge, 5th Court, Dhaka on 04-08-1999 under Section 14(2) and Section 17 of the Arbitration Act, 1940 praying for a direction upon the Umpire to file the award dated 15-10-1996 and make the said award Rule of t..

Category: Alternative Dispute Resolution | Date: | Hits: 187

Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)

....udgment Fazlur Rahman J. - This Rule under Article 102 of the Constitution of the People's Republic of Bangladesh was issued calling upon the respondents to show cause as to why the impugned order dated 29-11-94 as contained in Annexure 'E' to the writ petition issued by respondent No.1 should no...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ...... Madanpur and Madhupur under Police Station Daulatkhan, District Bhola and while they were in possession being owners of the said lands owing to serious erosion of river Meghna the whole area of the aforesaid Mauzas were washed away and diluviated in 1960-1962. 4. Ultimately, the lands of above M..

Category: Property Law | Date: | Hits: 99

Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....under Article 102 of the Constitution a Rule Nisi was issued calling upon the respondents to show cause as to why the Impugned Order contained in Memo No. 225-Paubo-Kop/B-lKa/Sha-l/B-2/2001 (Part- 4) dated 5-9-2001 (Annexure-D) issued under the signature of the respondent No. 5 amending the final se......-3- 2000 (Annexure-C) upon specific terms and conditions. The petitioners now stand aggrieved by the fact that subsequent to the said appointments of the respondent Nos. 6 to 13 and without any prior notice to that effect having been given to the petitioners, the respondent Nos. 2 to 5 amended the F......e serving in the BWDB as Sub-Assistant Engineers. They variously obtained BSc in Engineering from BIT Gazipur or AMIE Degree from the Institution of Engineers Bangladesh (IEB) and applied to the BWDB for appointment/ absorption as Assistant Engineers. They underwent an oral examination in 1995 and a..

Category: Employment/Service Law | Date: | Hits: 79

Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)

....bdul Haque, Advocate—For the Opposite Party No. 1. Civil Revision No. 1260 of 2003. Judgment Afzal Hossain Ahmed J. - This revisional application is directed against the judgment and order dated 1-2-2003 passed by the learned Joint District Judge, 3rd Court, Mymensingh in Miscellaneous Ap......2 Haji Md. Kazimuddin Akand who sold the same measuring 10 decimals on SA plot No. 163 to the pre-emptee respondent-petitioner Mr. Abdul Mannaf by a registered deed dated 16-6-1997 without giving any notice to the pre-emptor who is a co-sharer to the disputed jote. The pre-emptee is a stranger purch...... pre-emptee is a stranger purchaser to the disputed jote. The preemptor having known to the fact of the disputed sale obtained certified copy of the disputed sale deed on 31-7-1997 and filed the case for pre-emption. 3. The pre-emptee (Md. Abdul Mannaf) contested the pre-emption case by filing a ..

Category: Property Law | Date: | Hits: 91

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

....ry 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, Kishoreganj in Title Appeal No. 372 o...... 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.......ge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 ..

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

.... Civil Revision No. 300 of 2005. Judgment Faisal Mahmud Faizee J.- This Rule, upon an application under section 115 of the Code of Civil Procedure, was directed against the judgment and decree dated 14-10-2004 (decree drawn on 21-10-2004) passed by the Additional District Judge, Sylhet in Tit......ort time subject to receiving survey report from the higher authority; subsequently, the-defendant-petitioner failed to hand over the materials to the plaintiff for which the plaintiff served a legal notice to the defendant petitioner on 14-9-2003; in reply, the defendant petitioner vide Memo No. 41......�……………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Peti..

Category: Business or Commercial Law | Date: | Hits: 209

Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)

....ties. Civil Revision No. 374 of 1999. Judgment Salma Masud Chowdhury J.- This rule was issued calling upon the opposite parties Nos. 1-4 to show cause as to why the portion of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensin......al Court is directed to proceed with the suit and the suit as against the deceased defendant No. 3 Rasullah alias Abdur Rashid stands abated. Ed. This Case is also Reported in: 58 DLR (2006) 227.......n of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned should not be set aside o..

Category: Procedural Law | Date: | Hits: 106

Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)

..... 5242 of 2002. Judgment Md. Abdur Rashid J. - Defendant Nos. 1 to 4 and 6 obtained the Rule upon making a revision application under section 115 of the Code of Civil Procedure against an order dated 27-7-2002 passed by Joint District Judge, Court No.2 at Chandpur in Title Suit No. 12 of 2002,...... in Title Suit No. 12 of 2002 staying all further proceedings of Title Execution Case No. 1 of 2002 is hereby set aside. Communicate at once. Ed. This Case is also Reported in: 58 DLR (2006) 224.......roceeding of Title Execution Case No. 1 of 2002. 2. It is stated that one Md. Mohsin Khan, predecessor-in-interest of the petitioners as plaintiff on 27-4-1994 instituted Title Suit No. 22 of 1994 for partition. On 9-5-1996, the suit was decreed on contest against defendant Nos. 143, 144 and 232 ..

Category: Property Law | Date: | Hits: 72

Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)

....yan with Mohammad Mofazzal Hossain, Advocates—For the Opposite Parties. Civil Revision No. 5491 of 2002. Judgment Sheikh Abdul Awal J.- This Rule is directed against the judgment and order dated 27 6-2002 passed by the learned Additional District Judge, 2nd Court, Noakhali in Miscellaneou......e-emptee opposite party No. 3, Rafique Ullah sold 24 decimals of land to pre-emptee opposite party Nos. 1-2 by a registered sale deed No. 11986 dated 21-12-1997 who are strangers to the case jote. No notice of the said transfer was served upon the preemptors as a co-sharer and having learnt about th......osite party Nos. 1-6 filed Miscellaneous Case No. 12 of 1998 in the Court of the learned Senior Assistant Judge, Begumgonj, Noakhali under Section 96 of the State Acquisition and Tenancyt Act praying for pre-emption of the case land alleging, inter alia, that they are co-sharer tenants in the case j..

Category: Property Law | Date: | Hits: 67

Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)

....th Nowshad Zamir, Advocates — For the Plaintiff-Appellant-Opposite Parties. Civil Revision No. 827 of 2000. Judgment Zubayer Rahman Chowdhury J.- Being aggrieved by the judgment and decree dated 19-9-99 and 26-9-99 respectively passed by the Subordinate Judge, Third Court, Mymensingh in O...... was correct in setting aside the judgment of the trial Court on cogent grounds. He submits that since the kabuliat was executed and registered, it could not be cancelled without issuing a show cause notice upon the opposite-parties, such action being violative of the principle of natural justice. I......n Other Class Suit No. 31 of 1995 by the Senior Assistant Judge, Haluaghat Court, Mymensingh, 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. ..

Category: Property Law | Date: | Hits: 66

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

....Khan, Advocates—For the Opposite Parties. Civil Revision No. 1701 of 2005. Judgment Md. Awlad Ali J.- This Rule issued under section 115(4) of the Code of Civil Procedure against the order dated 14-5-2005 passed by the District Judge Chittagong was initially heard by a Division Bench comp......for an order of temporary injunction, and until hearing of the said application, prayed for ad interim order of injunction. The learned Joint District Judge by his order No. 56 dated 27-2-2005 issued notice upon the defendant opposite party No. 9 to show cause as to why injunction shall not be grant......tially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against an order passed by the Subordinate Judge in a suit the valuation of ..

Category: Procedural Law | Date: | Hits: 90

Afil Jute Mills (Pvt) Ltd. and others Vs. Bangladesh, 2006, 35 CLC (HCD)

....as issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned notices being Notice No. Ohe/Agrim/Afil/691/98 dated 18th June, 1998, Notice No. Oho/Agrim/ Afil/692/98 dated 18th June, 1998, Notice No. Oho/ Agri...... Md. Joynul Abedin J.- Initially Rule Nisi was issued under Article 102 of the Constitution of the People's Republic of Bangladesh calling upon the respondents to show cause as to why the impugned notices being Notice No. Ohe/Agrim/Afil/691/98 dated 18th June, 1998, Notice No. Oho/Agrim/ Afil/692...... Taka 79,13,42,887.12 against the petitioners should not be declared to have been made and issued without any lawful authority and of no legal effect. 2. Subsequently, when the matter was taken up for hearing, an application for supplementary Rule was filed on behalf of the petitioners seeking to..

Category: Civil Law | Date: | Hits: 125

Ali Akbar (Md.) Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)

....dgment Syed Mahmud Hossain J.- In this application under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 for holding election scheduled to be held on 28-2-2005 fo......g the resolution expressing no confidence in the petitioner was filed to the UNO by seven members of Union Parishad. The UNO in exercise of his power under section 16(1) of the Ordinance, 1983 served notice upon all the members including the petitioner to attend a meeting to be held on 7-3-2005 for ......pplication under Article 102 of the Constitution, a Rule Nisi was issued calling upon the respondents to show cause as to why the impugned memo (Annexure-B) dated 23-2-2003 issued by respondent No. 5 for holding election scheduled to be held on 28-2-2005 for the post of acting Chairman (Chairman-in-..

Category: Election Law | Date: | Hits: 83

Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)

....r. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision No. 907 of 2003. Judgment SK Sinha J.- Informant 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...... 3. Mr. Raqibul Hoque Miah, learned Advocate for the petitioner, submits that the learned Additional Sessions Judge has committed error of law in discharging the accused Mofizur Rahman in failing to notice that there are sufficient materials on record to frame charge against him and that while disc......awyers Involved: Raquibul Haque Miah, Advocate—For the Petitioner. Md. Mujibur Rahman, Advocate—For Opposite Party No. 2. Criminal Revision No. 907 of 2003. Judgment SK Sinha J.- Informant Md. Ziaul Huq Chowdhury obtained this Rule against the order dated 7-6-03 of the Additional ..

Category: Criminal Law | Date: | Hits: 49

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....iginal Decree No. 293 of 1999. Judgment Md. Abdur Rashid J.- Both the appeals were presented by the Government of Bangladesh represented by the Deputy Commissioner at Comilla against the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, whic......hey were doing business since 1953. Original owners were Uttor Chand Khetry and Ram Chand Khetry. They went to India. They took lease as enemy property. The Ministry of Industries never gave them any notice claiming the property as abandoned property. He denied that said shops were part of the Rupka......st the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, which decreed the suit. 2. Respondent No. 1 as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops ther..

Category: Property Law | Date: | Hits: 159

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