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Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)

....Revision No. 336 of 1991. Judgment Md. Ruhul Amin J.- Defendant Nos.1-4 in Money Suit No.131 of 1987 of the Court of Subordinate Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the pl......ndment application and the objection filed by the defendant Nos. 1-4 opposing the prayer for amendment of the plaint and dispose of the same in accordance with law. In the result, the Rule is made absolute without any order as to costs. The learned Subordinate Judge is directed to hear the applic..

Category: Civil Law | Date: | Hits: 92

Nurul Islam Chowdhury & another Vs. Upazila Revenue Officer, Patiya, Chittagong & others, 1991, 20 CLC (HCD)

....ith M Fazlul Karim, Advocates-For the petitioners. Moulavi Mohammad Wahidullah, Advocate-For the Respondent No.2. Writ Petition No. 232 of 1985. Judgment Mahmudul Alam Choudhury J. - This Rule Nisi was issued calling upon Respondent Nos.1 and 2 to show cause as to why the decision dated ...... that the transaction is out and out a sale and section 95A of the State Acquisition and Tenancy Act has no manner of application in the present case before us. 10. The Rule is, accordingly, made absolute without any order as to costs. The impugned order passed by the Upazila Revenue Officer ..

Category: Property Law | Date: | Hits: 91

Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)

....eril of the tenant defendant. Therefore, I find no illegality on the part of the learned Small Cause Court Judge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ..

Category: Tenancy Law | Date: | Hits: 167

Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)

....usly aggrieved by the aforesaid promotion of the above three persons approached this Court for enforcing his fundamental rights as enshrined in Article 29 of the Constitution and obtained the present Rule which were issued on the respondents in the following terms: "Let a Rule Nisi issue calling ......rict Judges should have been made in consultation with the Supreme Court, the respondents completely ignored this mandatory constitutional provision and thereby acted ultra vires the Constitution and absolutely without lawful authority. It is also asserted that by acting in contravention of a mandat..

Category: Employment/Service Law | Date: | Hits: 173

Debishahar Agricultural & Fish Farming Co-operative Society Ltd. Vs. Narayan Chandra Swarnakar & others, 1982, 11 CLC (AD)

....hman, Advocate-on-Record - For the respondent No. 28. Civil Appeal No.118 of 1982. (From the Judgment and order of the High Court Divi­sion of Jessore dated 4th September, 1982 passed in Civil Rule No.32 (R) of 1982). Judgment Badrul Haider Chowdhury J.- This appeal by special leave is ......nd (4A) or in sections 39, 43 and 44 or in any other law for the time-being in force, the land held under a certificate granted under sub-section (4) or (4A) by the prescribed Revenue Authority shall absolutely vest in the Government on the date when the Government shall take a decision in favour of..

Category: Procedural Law | Date: | Hits: 68

Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)

....e of the record. The learned Munsif acted illegally and with material irregularity in not holding that this order was subject to review under Order 49, rule 1 C.P.C. In this view of the matter the Rule was made absolute and the order dated 27.5.1975 was set aside and the Court directed the Munsif......d. The learned Munsif acted illegally and with material irregularity in not holding that this order was subject to review under Order 49, rule 1 C.P.C. In this view of the matter the Rule was made absolute and the order dated 27.5.1975 was set aside and the Court directed the Munsif to recommence..

Category: Procedural Law | Date: | Hits: 72

Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)

....orce. f. The Constitution of the People’s Repu­blic of Bangladesh shall stand suspended with immediate effect. g. All Acts, Ordinances, President’s orders and other Orders, Proclamations, Rules, Regulation, By-laws, Notifications and other legal instruments in force on the morning of Wed......n the case of Province of East Pakistan Vs. Md. Mehdi Ali Khan and others. Their Lordships were deciding eight appeals which arose from the judgment of the High Court of East Pakistan at Dacca making absolute rules nisi requiring the Government of East Pakistan to show cause why writs of mandamus sh..

Category: Constitutional Law | Date: | Hits: 181

Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)

....of 1876). Judgment Badrul Haider Chowdhury J.- This appeal by special leave arises out of a judgment pas­sed by the High Court Division in Civil Re­vision No. 1177 of 1976 discharging the Rule and upholding the judgment and order of the Subordinate Judge rejecting the prayer of the appe...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ..

Category: Procedural Law | Date: | Hits: 80

Chittagong Container Transportation Company Vs. Bangladesh and others, 2009, 38 CLC (AD)

....lul Karim J. - The Petition for Leave to Appeal is directed against the order dated the 23th day of September, 2007 passed by the High Court Division in Writ petition No. 1706 of 2005 discharging the Rule. 2. The facts of the case, in short, are that the petitioner filed an application on 20-10-2...... above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petitioner is dismissed. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 37. ..

Category: Property Law | Date: | Hits: 126

Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)

....e-parties were not defaulters in making payment of rent for the month of July, 1982 and that the plaintiff failed to prove his bona fide necessity in reconstructing the house. With these findings the Rule was discharged by its Judgment and Order dated 1-2-1993, passed by the High Court Division. ......iolating the terms of the contract. The learned Assistant Judge has resolved the principal issue involved in the suit relying upon the claim of the landlord without reference to the evidence which is absolutely erroneous. It is not expected or desired from a Court of law to resolve the main issue in..

Category: Tenancy Law | Date: | Hits: 210

Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)

....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ..

Category: Property Law | Date: | Hits: 63

Homeland Life Insurance Co. Ltd. Vs. Jahanara Begum and others, 2000, 29 CLC (HCD)

....he learned Subordinate judge rejecting the plaint is hereby affirmed. Send down the records at once. The order of stay granted is vacated. Ed. This Case is also Reported in: 52 DLR (2000) 666. ......e insurance assuring a sum not exceeding five thousand Taka may be referred to the Controller of Insurance and the Controller may, after hearing the parties and taking such evidence as he may, in his absolute discretion, consider necessary, settle the dispute Under sub-section (2) of 47A, the decisi..

Category: Business or Commercial Law | Date: | Hits: 190

Kamaluddin Ahmed Vs. Director of Trade Organisations and others, 2000, 29 CLC (HCD)

..... Kalimullah Mazumder Syed Mamun Mahbub, Advocates - For Respondent No.6. Prabir Neogi, Assistant Attorney-General- For Respondent No. 4. Writ Petition No. 2608. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause as to why they should not be directed to ......vacillated in taking a decision on the recommendation made in the inquiry report. 36. The writ petition being brought against the Government and the DTO, a statutory authority, is, in our opinion, absolutely maintainable as the nature of the relief sought, could not have been otherwise available ..

Category: Others | Date: | Hits: 123

Giasuddin Ahmed Chowdhury Vs. Dhaka University and others, 2000, 29 CLC (HCD)

....ners. Shawkat Ali Khan with M Amirul Islam, Shafique Ahmed, MA Halim, Kazi Kamrul Alam and AM Aminuddin - For the Respondents. Writ Petition No. 2314 of 1999. Judgment KM Hasan J.- The Rule was issued calling upon the respondents to show cause why the impugned notification dated 18-6-......ll settled, that the statutory requirement of election must be strictly observed. An election is not complete until the legislative mandate is complied with. In view of the above, the Rule is made absolute without any order as to costs. The impugned notification dated 18-6-99 (Annexure-D) declari..

Category: Election Law | Date: | Hits: 105

Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)

....nvolved: Md. Serajul Huq with SAM Mahbub Elahi, Advocates - For the Petitioners. NK Saha - For Opposite Party No.1. Civil Revision Case No.1353 of 1989. Judgment Md. Awlad Ali J.- This Rule arises out of a judgment and decree dated 27-8-1989 passed by the Subordinate Judge, Madanpur i......e judgment and decree of the learned Subordinate Judge is liable to be set aside. Accordingly, I set aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ..

Category: Property Law | Date: | Hits: 55

Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)

....It appears that the plaintiff has challenged the imposition of development surcharge on his instant importation of Soda Ash Light in Writ Petition No. 4120 of 1997 and although at the issuance of the Rule in the said Writ Petition, he was directed to furnish Bank Guarantee in order to take release o....... 4120 of 1997 and although at the issuance of the Rule in the said Writ Petition, he was directed to furnish Bank Guarantee in order to take release of the consignment, yet on the making of the Rule absolute, the plaintiff was exonerated from the payment of the said development surcharge although t..

Category: Admiralty Law or Maritime Law | Date: | Hits: 178

Tamima Akhter (Mitu) Vs. Deputy Commissioner, Joypurhat and others, 2011, 40 CLC (HCD)

....the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ......the forgoing discussion, we find no merits in this rule. Accordingly the rule is discharged. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 57

Md. Saidul Islam and others Vs. State, 2011, 40 CLC (HCD)

....tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ......tion of the case, the concern Court is hereby directed to consider the bail of the petitioners. Communicate the order at once. AKM Zahirul Hoque J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 71

Mizanur Rahman Vs. State, 2011, 40 CLC (HCD)

.... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ...... investigation of the case, the learned concern court may consider the bail of the petitioner. Communicate the order at once. Md. Ashraful Kamal J. - I agree. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 67

Gias Uddin Vs. State, 2011, 40 CLC (HCD)

....make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ......make the case ready for trial, the concern Court may consider the bail of the petitioner. Communicate the order at once. AKM Zahirul Hoque J. - I agree. Ed. This Case is also Reported in: ..

Category: Criminal Law | Date: | Hits: 58