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Bangladesh Bank and another Vs. Sukamal Sinha Choudhury and another, 2011, 40 CLC (AD)
....ent No.2 Bangladesh Bank contested the rule by filing affidavit-in-opposition. The material case of this respondent was that the impugned circular No.10 of 2005 has been formulated in accordance with law for the betterment and effective functioning of the bank and with a view to modernize the instit......b Miah J Nazmun Ara Sultana J Muhammad Imman Ali J Muhammad Mamtaz Uddin Ahmed J Bangladesh Bank represented by its Governor, Bangladesh Bank Bhaban (Head Office), Motijheel C/A, Dhaka and another……………………………………....Petitioners Vs. Mr. Sukamal Sinha Cho......the Petitioners. Aminuddin, Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Respondents. Civil Petition for Leave to Appeal No. 58 of 2011. (From the judgment and order dated 02.06.2010 passed by the High Court Division in Writ Petition No.530 of 2009.) Order ..Category: Employment/Service Law | Date: | Hits: 211
Nur Mohammad Bhuiyan and others Vs. Aysha Khatoon and others, 2011, 40 CLC (HCD)
....t order dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 54 of 1973 rejecting the same, was illegal. 3. Plaintiff’s case, in brief, is that he was the lawful owner of 45 decimals of land as described in the schedule of plaint. He was forced with neces...... Ed. This Case is also Reported in: ......petitioners’ predecessor-in-interest Shahidullah Bhuiyan instituted Title Suit No. 51 of 1983 in the First Court of Munsif, Chandpur for redemption of his mortgaged property with a declaration that order dated 9.12.1982 passed by the Circle Officer (Revenue) of Chandpur in Miscellaneous Case No. 5..Category: Property Law | Date: | Hits: 87
.... were necessary parties in the present suit for partition and flatly rejected their application only on the ground that the suit was fixed for delivery of judgment.
6. It is a settled principle of law that a party may be added at any stage of a suit or proceedings even at appellate or revisional ......- I agree.
Ed.
This Case is also Reported in:
......ocate - for opposite party No.17.
Civil Revision No. 3922 of 2010.
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of third party-petitioners, was issued to examine the legality of order dated 22.9.2010 passed by the Joint District Judge, First Court, Barisal in Title Suit No. 33 ..
Category: Procedural Law | Date: | Hits: 77
Shahidullah Shaik and others Vs. Atahar Shaik and others, 2011, 40 CLC (HCD)
....eason to be aggrieved by the same. The learned District Judge considered the evidence, elaborately discussed each and every aspect of the case and dismissed the appeal. He did not commit any error of law resulting in an error in decision occasioning failure of justice. I do not find any substance......nicate a copy of the judgment. Ed. This Case is also Reported in: ......te parties. Civil Revision No. 933 of 1999 Judgment Md. Ruhul Quddus J. - This Rule, at the instance of the defendant-petitioners, was issued calling in question the legality of judgment and order dated 11.1.1999 passed by the District Judge, Gopalgonj in Miscellaneous Appeal No. 24 of 1998..Category: Procedural Law | Date: | Hits: 74
Sree Binoy Krisna Saha and others Vs. Sree Reboti Mohon Saha and others, 2011, 40 CLC (HCD)
....ers submits that the appellate Court being the last Court of fact did not independently asses the evidence and arrive at its own findings in passing the impugned judgment, and thus committed error of law. He further submits that the appellate Court without reversing the findings of trial Court reman...... lower Courts’ records. Ed. This Case is also Reported in: ...... way of inheritance, and if so, to what extent, (7) whether the plaintiffs were entitled to a declaration of title and decree for partition, and (8) what other reliefs they were entitled to. 5. In order to prove their case, the plaintiffs examined six witnesses including plaintiff No.1 and adduce..Category: Property Law | Date: | Hits: 66
National Board of Revenue and others Vs. Mustafizur Rahman, 2003, 22 CLC (AD)
....ment and order of the High Court Division making the rule absolute declaring that the impugned Memo No.2(14) Customs-8/90/307 dated 8.2.1996 vide Annexure-C of the Writ Petition has been made without lawful authority and the same is of no legal effect and directing the appellants to accord permissio......also Reported in: ......ocate-on-Record-For the Appellant Nitai Roy Chowdhury, Advocate, instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For the Respondent. Civil Appeal No.214 of 2000 (From the judgment and order dated 3rd November 1999 passed by the High Court Division in Writ Petition No.3453 of 1998). ..Category: Fiscal/Taxation Law | Date: | Hits: 140
Government of Bangladesh and others Vs. Md. Salim Reza, 2003, 22 CLC (AD)
.... such cancellation no notice of show cause is required. He also submitted that the impugned order having been passed in respect of the terms and conditions of service the High Court Division erred in law in not holding that the writ petition was not maintainable. 5. Mr. A.J. Mohammad Ali, the le...... Present: Mainur Reza Chowdhury CJ Mohammad Fazlul Karim J Syed JR Mudassir Husain J Abu Sayeed Ahammed J Government of Bangladesh represented by the Secretary, Ministry of Health and Family Welfare and others…………Appellants Vs. Md. Salim Reza……………………......-Record-For the Appellants. Abdul Wadud Bhuiyan, Senior Advocate, instructed by A.S.M. Khalequzzaman, Advocate-on-Record-For Respondent. Civil Appeal No. 206 of 2000. (From the judgment and order dated 7th May 2000 passed by the High Court Division in Writ Petition No.4753 of 1999). Ju..Category: Employment/Service Law | Date: | Hits: 155
....cutable.
vi) What amount is payable by the decree holder towards income tax for getting the kabala deed executed and registered?
vii) Whether the impugned Judgment and decree are sustainable in law?
9. Let us take up issue No. i, ii, iii and iv together for consideration and decision:-
T......n J. - I agree.
Ed.
This Case is also Reported in:
...... 18.03.1984 (exhibit-‘kha’). Thereafter the present plaintiff preferred civil petition for Leave to Appeal No. 274 of 1984 before the Appellate Division and that was dismissed by the judgment and order dated 28.02.1985 vide exhibit ‘Gha’. The Appellate Division directed the present appellant..
Category: Property Law | Date: | Hits: 113
....her. Therefore, it cannot be said that the substituted defendants by way of additional written statement have introduced a new fact and controversy between the parties. This is a settled principle of law that pleading can be amended at any stage of suit/proceeding, if it is necessary for better plea......
This Case is also Reported in:
......ocate - for opposite party No.1.
Civil Revision No. 734 of 2011
Judgment
Md. Ruhul Quddus J. - This Rule, at the instance of the substituted defendants, was issued to examine the legality of order dated 7.2.2011 passed by the Joint District Judge, Second Court, Dhaka in Title Suit No. 36 of..
Category: Property Law | Date: | Hits: 67
Sree Nitta Nando Dey and others Vs. Nogendra Krishna Kundu and another, 2011, 40 CLC (HCD)
.... believed the sale agreement to have been executed by defendant No.1 and accordingly decreed the suit, but the appellate Court though found that the trial Court passed its judgment in accordance with law and there is no reason to interfere with the same, allowed the appeal and thereby committed erro......nd down the lower Courts’ records. Ed. This Case is also Reported in: ......ut and out sale deed on the basis of the bainapatra dated 2.4.1990; whether the plaintiff was entitled to get a decree as prayed for, and what other relief he was entitled to. 6. The plaintiff, in order to prove his case, examined six witnesses and adduced in evidence the alleged sale agreement a..Category: Property Law | Date: | Hits: 76
S. M. Basiruddin Vs. Zahurul Islam Chowdhury and another, 1982, 11 CLC (AD)
....tion the learned Advocate submitted that the decision relied upon by the High Court Division in the case of Brindaban Chandra Chowdhury Vs. Mosammat Rezia Begum (1964) 16 DLR 77 has not laid down the law on correct interpretation of section 24 of the Non-Agricultural Tenancy Act. 3. Now let me ......nt: FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J S. M. Basiruddin………………Appellant Vs. Zahurul Islam Chowdhury and another…………………Respondents Judgment December 14, 1982. Result: The appe......r the Appellant. M.H. Khondker, Senior Advocate, Supreme Court, instructed by S.R. Karmakar, Advocate on Record - For the Respondent No.1. Civil Appeal No.58 of 1982. (From the judgment and order date 25-3-82 passed by the High Court Division in Civil Revision Case No.358 of 1980.) Judg..Category: Property Law | Date: | Hits: 85
Syed Selim Ahmed Vs. Apparel World (Pvt.) Ltd. and another, 2011, 40 CLC (HCD)
....sed and the Civil Rule is discharged. The order ad interim order of stay passed at the time of issuance of the Rule is vacated. Faruque Ahmed J. - I agree. Ed. This Case is also Reported in: ......(Civil Appellate Jurisdiction) Present: Faruque Ahmed J Md. Ruhul Quddus J Syed Selim Ahmed……………………………………………Appellant Vs. Apparel World (Pvt.) Ltd. and another……………Respondents Judgment October 27, 2011. Result: The First Misce......f 2002 with Civil Rule No. 9 (F.M.) of 2003. Judgment Md. Ruhul Quddus J. - This First Miscellaneous Appeal at the instance of a judgment debtor in an ex parte money decree is directed against order dated 10.7.2002 passed by the Joint District Judge, third Court, Dhaka in Miscellaneous Case N..Category: Civil Law | Date: | Hits: 119
Wali Ullah Vs. Shaheda Begum and others, 2011, 40 CLC (HCD)
....ged, however, without any order as to costs. The order of stay passed at the time of issuance of the Rule, is vacated. Communicate a copy of this judgment. Ed. This Case is also Reported in: ......rt High Court Division (Civil Revisional Jurisdiction) Present: Md. Ruhul Quddus J Wali Ullah…………………………………………………Petitioner Vs. Shaheda Begum and others………………………Opposite Parties Judgment March 14, 2011. Result: T......9. Judgment Md. Ruhul Quddus J. - This Rule, at the instance of a defendant-appellant, was issued on an application under section 115 of the Code of Civil Procedure questioning the legality of order dated 17.5.1999 passed by the Additional District Judge, Dhaka in Miscellaneous Appeal No. 58 ..Category: Civil Law | Date: | Hits: 130
Nurul Islam and others Vs. Arif Ullah and others, 2012, 41 CLC (HCD)
....Accordingly the Rule is discharged. The order of status quo granted earlier at the time of issuance of Rule is vacated. Communicate a copy of the judgment. Ed. This Case is also Reported in: ...... Communicate a copy of the judgment. Ed. This Case is also Reported in: ......Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondents was issued on an application under section 115 of the Code of Civil Procedure calling in question the legality of judgment and order dated 29.9.1983 passed by the Subordinate Judge, Habiganj in Miscellaneous Appeal No. 60 of 19..Category: Property Law | Date: | Hits: 70
Md. Shahar Ali and others Vs. Sree Sailesh Chandra Sen and others, 2012, 41 CLC (HCD)
....porary injunction can be granted. The defendants never made any attempt to dispossess the plaintiffs from anywhere. The plaintiffs rather were disturbing them and trying to dispossess them from their lawful property taking advantage of the order of temporary injunction. 7. On the other hand Mr. M......mmunicate a copy of the judgment. Ed. This Case is also Reported in: ......ty Nos.1-2. Civil Revision No. 3832 of 2003. Judgment Md. Ruhul Quddus J. - This Rule at the instance of the defendant-petitioners was issued calling in question the legality of judgment and order dated 25.3.2003 passed by the Additional District Judge, Sherpur in Miscellaneous Appeal No.33..Category: Property Law | Date: | Hits: 84
Ismail Vs. State, 2009, 38 CLC (HCD)
....the Metropolitan Magistrate, Dhaka is set aside and the convict-appellant–petitioner is discharged from his bail bond. Send down the L.C. record at once. Ed. This Case is also Reported in: ...... of 2005. Judgment Mashuque Hosain Ahmed J. - This instant Criminal Revision is preferred under section 439 read with section 435 of the Code of Criminal Procedure against the impugned judgment and order of conviction and sentence dated 06.11.1994 passed by the Additional Sessions Judge, 3rd C......2005. Judgment Mashuque Hosain Ahmed J. - This instant Criminal Revision is preferred under section 439 read with section 435 of the Code of Criminal Procedure against the impugned judgment and order of conviction and sentence dated 06.11.1994 passed by the Additional Sessions Judge, 3rd Court..Category: Criminal Law | Date: | Hits: 92
Md. Rejaul Haque @ Ezaul Vs. State, 2011, 40 CLC (HCD)
....red and defence declined to cross examined them. None of the public and seizure list witnesses supported the prosecution case. So, judgment and order of conviction and sentence are not sustainable in law. He further submits that even prosecution has failed to prove the case by adducing any independe......Salam Mondal, Deputy Attorney General - For the State respondent. Criminal Appeal No. 2890 of 1999. Judgment Md. Nuruzzaman, J. - The instant Criminal Appeal is directed against the judgment and order of conviction dated 31.10.1999 passed by the Special Tribunal No.1, Chuadanga in Special T......m Mondal, Deputy Attorney General - For the State respondent. Criminal Appeal No. 2890 of 1999. Judgment Md. Nuruzzaman, J. - The instant Criminal Appeal is directed against the judgment and order of conviction dated 31.10.1999 passed by the Special Tribunal No.1, Chuadanga in Special Tribu..Category: Criminal Law | Date: | Hits: 95
Mahbub-ul-Alam Md. (Minor) and another Vs. Md. Alimuddin Karikor, 2009, 38 CLC (HCD)
....o. 1/2003 under Order XXI, rule 32(1) of the Code of Civil Procedure for restoration of their possession in the suit land and also for taking other measures against the defendants as per provision of law. Defendants contested the Execution Case by filing written objection. Executing Court vide it's ...... Ed. This Case is also Reported in: 15 BLC (HCD) (2010) 76. ......For the Opposite Party. Civil Revision No. 2906 of 2007. Judgment Md. Abdul Aziz J. - This Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order dated 9-4-2007 passed by the learned Additional District Judge, 1st Court, Satkhira in Civil R..Category: Civil Law | Date: | Hits: 100
Md. Masuk Miah and others Vs. Md. Foyzur Rahman and others, 2012, 41 CLC (AD)
....Court of fact in violation of Order XLI Rule 31 of the Code of Civil Procedure did not discuss the evidence on record and as such the judgments of the Courts below are not tenable in the eye of law; III. Because, the vendor of the plaintiffs after exhausting his land in favour of different ......on (Civil) Present: Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Md. Masuk Miah and others.....................................Petitioners Vs. Md. Foyzur Rahman and others…......instructed by Chowdhury Md. Zahangir, Advocate-on-Record—For the Petitioners. For Respondents—Not represented. Civil Petition for Leave to Appeal No. 1762 of 2009. (From the judgment and order dated 2nd June, 2009 passed by the High Court Division in Civil Revision No.5472 of 2003). ..Category: Property Law | Date: | Hits: 87
Zillul Haq and others Vs. Maloti Bala Dey & others, 1998, 27 CLC (HCD)
.... matter found that the suit property is not a vested property. The plaintiff contended that she has title and possession in the suit property and, as such, the defendants have no right to disturb her lawful possession by exercising executive powers. 3. Defendant Nos.1-2 Government of Bangladesh a......he LCR at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 367.......ubordinate Judge, Sylhet being Title Suit No.151 of 1977, subsequently renumbered as Title Suit No.174 of 1992 on transfer to the Court of Assistant Judge Sylhet praying for a declaration that the orders dated 13-11-1976 and 16-4-1977 passed in Miscellaneous Case No.20 of 1976 by the ADC (Revenu..Category: Property Law | Date: | Hits: 88
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