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Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)
....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. ......he Chowkidary and municipal taxes and also paid gas and electricity bills. It is further stated that the PS and BS khatian have been prepared in the name of plaintiff but less quantum of land wrongly recorded in BS khatian in the name of others; that the plaintiff filed a case No. 129 of 1963 in the......use from appearing when the suit was called out for hearing, the court will set aside the decree passed against him and appoint a day for proceeding with the suit. 23. In this case the question of service of summons does not arise as the defendant appeared himself and contested the suit. Now, the..Category: Property Law | Date: | Hits: 115
Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)
....of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......ns were not present in the so-called marriage demanded by the plaintiff and, as such, the judgment and decree dated 17-10-2002 was liable to be set aside allowing this revision. 5. It appears from record that the Family Suit No. 11 of 1999 was filed on 1-3-1999 and the suit was fixed for ex parte......f the wife. 22. A talaq not coupled with notice to the chairman of the union or paurashava will not operate as a valid talaq. A divorce thus given by the husband is not effective on account of non service of notice under the Ordinance and not having been established by him to have been given to t..Category: Family Law | Date: | Hits: 184
State Vs. Harun Chowdhury, District Magistrate and Mostafa Kamal, SP Sylhet, 2005, 34 CLC (HCD)
.... joining to the said promotion post till the disposal of the contempt Rule. 9. Initially, the contemners purported to justify their conduct by filing affidavits. However, subsequently on 23-5-2005 good sense prevailed, with the advice of Mr. Mahbubey Alam, the learned Senior Advocate who sought a......ict and the other person being head of the Police Force in a District and it is not expected that they should violate or disobey the orders passed by this Hon'ble Court. From the material evidence on record and from Affidavits submitted by the contemners, we find that they have committed contempt of......tafa Kamal, Superintendent of Police, Sylhet are exonerated from the charge of contempt of Court and they are warned to be careful in future. Ed. This Case is also Reported in: 58 DLR (2006) 267...Category: Civil Law | Date: | Hits: 1272
MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)
....ankruptcy Act, 1997 and (d) the plaint has been filed in gross violation of the mandatory provisions of sections I6(2)(Ka), of the Act, Rule 4(2)(ga) and Rule 9(2) of the Rules. It is stated that the goods imported by defendant-petitioner having been held by the Bank as the security for its loan, th......k to sell out the rice from the custody of the respondent No. 2 bank and credit the sale proceeds to the loan account of the petitioner. In spite of our query and from our careful perusal of the case record, we could not find out any information regarding the amount of sale proceeds. It is also not ......000 under Rule 11 of the Bankruptcy Rules, 1997 and section 28(1) of Bankruptcy Act, 1997 for rejection of the plaint in Bankruptcy Case No. 6 of 2000 mainly on the following grounds:- (a) absence of service of formal demand by the plaintiff; (b) the plaintiff is not an eligible creditor; (c) the su..Category: Civil Law | Date: | Hits: 131
Md. Lokman @ Lokman Vs. State, 2010, 39 CLC (AD)
....Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ......re. 3. The police after completion of investigation submitted charge sheet against the accused petitioner. The case was transferred to the Court of Sessions, Narsingdi who on receipt of the case record fixed the date on 22-07-2007 for framing of charge. Thereafter the case was transferred to th......Rule requiring no interference by this Court. Accordingly, the leave petition is dismissed. This Case is also Reported in: 63 DLR (AD) (2011) 156, 8 LG (AD) (2011) 81, 31 BLD (AD) (2011) 60. ..Category: Criminal Law | Date: | Hits: 73
Dhaka Leather Complex Ltd. Vs. Sikder Construction Ltd. and another, 2009, 38 CLC (AD)
....ost. The impugned judgment and order dated 18-08-2003 passed by the High Court Division in First Appeal No. 255 of 2002 is hereby affirmed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 75.......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 in consideration of the materials on record the Umpire passed an award of Tk. 10,64,696.00 in favour of the plaintiff-respondent on 15-10......he Appellant stated that under the provisions of the Article No. 178 of the Limitation Act, 1908 an award must be filed in Court for making the award Rule of the Court within 90 days from the date of service of the notice of making the award. The plaintiff-respondent then filed Title Suit No.158 o..Category: Alternative Dispute Resolution | Date: | Hits: 187
Abdur Razzaque Zoarder and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......n light of the above, this Court finds substance in this Rule. In the result, the Rule is made absolute. There is no order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 245. ......er order or orders passed as to this Court may seem fit and proper. 2. It is the case of the five petitioners that upon obtaining their Diplomas in Engineering (Civil) they variously joined in the service of the Bangladesh Water Development Board (hereinafter referred to as the BWDB) as Sub-Assis..Category: Employment/Service Law | Date: | Hits: 79
Abdul Mannaf (Md.) Vs. Md. Sohrab Ali Akand & others, 2005, 34 CLC (HCD)
....th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ......at the pre-empted land is not "Chandina" land. It is stated that the pre-emptee failed to produce any documentary evidence to show that the land is "Chandina" In SA Record, the pre-empted land stands recorded as "Nama" land. The deed under pre-emption dated 16-6-1997 shows that the class of the land......th the impugned judgment and order. Accordingly, the Rule is discharged without any order as to costs. Send down the LC Records at once. Ed. This Case is also Reported in: 58 DLR (2006) 242. ..Category: Property Law | Date: | Hits: 91
Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)
.... which the plaintiff served a legal notice to the defendant petitioner on 14-9-2003; in reply, the defendant petitioner vide Memo No. 4146 dated 16-9-2003 informed the plaintiff that the value of the goods quoted by him was found unsatisfactory and, as such, the authorities did not accept his quotat......e restored. The result, therefore, is that the Rule is made absolute. There will be no order as to costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ..Category: Business or Commercial Law | Date: | Hits: 209
Shomurunessa and others Vs. Md. Musa Miah and others, 2005, 34 CLC (HCD)
....ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ......eard. 4. Heard the learned Advocate appearing on behalf of the opposite party and perused the application for condonation of delay under section 5 of the Limitation Act along with the materials on record. It appears that the explanation given for the delay of 309 days in the application for condo......ce on the part of the petitioner. I do not find any substance in the Rule. In the result, the Rule is discharged without order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 228. ..Category: Procedural Law | Date: | Hits: 96
Tahera Begum and others Vs. Mizanur Rahman (Md.) and others, 2004, 33 CLC (HCD)
.... 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.......No. 232 Jalal Patwari which was allotted to him in the preliminary decree dated 9-5-96. Said Jalal Patwari died on 28-5-2000. But the preliminary decree was made final against him without bringing on record his legal representatives. As such, the final decree became nullity and the executing case wa...... 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...Category: Property Law | Date: | Hits: 72
Rafique Ullah (Md) Vs. Badsha Alam and others, 2005, 34 CLC (HCD)
....e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ......amined 2 (two) witnesses while contesting pre-emptor No. 3 examined 1 (one) witness in support of their respective cases. The learned Senior Assistant Judge after due consideration of the evidence on record was pleased to allow the pre-emption miscellaneous case No. 12 of 1998 and granted the relief......e-emption is maintained. The order of stay earlier granted by this Court stands vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 58 DLR (2006) 221. ..Category: Property Law | Date: | Hits: 67
Badel Alam Howlader Vs. Falu Dewan and others, 2004, 33 CLC (HCD)
....ly within a period of 3 (three) months from the date of receipt of this order. Communicate the order and send down the lower Court records. Ed. This Case is also Reported in: 58 DLR (2006) 218. ......intiff, 28 decimal comprised of a pond and there was no evidence of cultivation of Boro/Aman paddy in the suit land, as claimed by the plaintiff. The trial Court, upon considering all the evidence on record and the deposition of witnesses, dismissed the suit on contest. 5. Being aggrieved by the ...... this Court on the ground that although the petitioner was relieved from the post of Vice-Chancellor, he was re-posted as Professor in the Department of Chemistry and hence, there was no severance of service and the issuance of show cause notice was not necessary. 18. In light of the discussion m..Category: Property Law | Date: | Hits: 66
AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)
.... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ......rt which has got the necessary pecuniary Jurisdiction. It has been further observed by the referring Bench that sub-section (1) of section 115 does not empower the High Court Division to call for the records in connection with an 'order' passed by the Joint District Judge, since the provision does n...... so advised. The reference is thus disposed of a copy of this judgment may be sent to the concerned Ministries. Ed. This Case is also Reported in: 58 DLR (2006) 211, 26 BLD (HCD) (2006) 114. ..Category: Procedural Law | Date: | Hits: 90
State Vs. Md. Shahjahan, 2004, 33 CLC (HCD)
.... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ......any as 19 witnesses in support of the prosecution case and they were also cross-examined by the learned Advocate defending the accused. The trial Court after considering the evidence and materials on record found the accused guilty of the charge leveled against him and convicted thereof and sentence...... accused condemned prisoner Md. Shahjahan be set at liberty at once if not wanted in any other case. The Lower Court's Record is sent down. Ed. This Case is also Reported in: 58 DLR (2006) 203. ..Category: Criminal Law | Date: | Hits: 96
Ziaul Hoque Chowdhury (Md.) Vs. State and another, 2005, 34 CLC (HCD)
....order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ......e opposite party No.2 Mofizur Rahman alias Mofizul Azam on the ground that there is no sufficient evidence to proceed against him. Since the petitioner has annexed the statements of all the witnesses recorded under section 161 Cr.P.C. along with the first information report, the police report, the r......order is set aside. The learned Additional Sessions Judge is directed to proceed with the case in the light of the observations made above. Ed. This Case is also Reported in: 58 DLR (2006) 193. ..Category: Criminal Law | Date: | Hits: 49
HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)
.... and for releaseof the same. 2. The suit which has been filed under the admiralty jurisdiction of this Court discloses the following facts: 3. The plaintiff carries on business as a carrier of goods in containers and also acts as a feeder operator. During the course of its business the plaint...... The defendant No. 1 is directed to bear all expenses of the Marshal and his team in connection with the release of the vessel. Ed. This Case is also Reported in: 58 DLR (2006) 185; 12 MLR 265. ......agreement with the defendant No. 5, Sea Consortium Pvt. Ltd on 24-2- 2004 ("the Agreement"). Under the Agreement each party was to contribute two vessels which would be able to operate a twice weekly service on a 14-day round voyage between the ports of Colombo and Chittagong. The plaintiff deployed..Category: Admiralty Law or Maritime Law | Date: | Hits: 314
Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)
....Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ...... executed on 16-1 -95 and such agreement obtained through misrepresentation cannot be enforceable in law. 15. On the other hand, Mr. Mahmudul Islam, on behalf of the plaintiff, took us through the record and submitted that defendant No. 4 miserably failed to prove that the suit shops vested in th......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ..Category: Property Law | Date: | Hits: 159
Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)
....ers did not challenge the same before the Appellate Division. 16. Apart from the aforesaid contentions regarding maintainability of the Rules, Mr. Rafique-ul- Huq submits on merit thereof with good deal of force that clause (3) of Article 147 of the Constitution has created a bar for the pers......ritative powers were thus abused. 194. In the result, Rules issued in these three Writ Petitions are made absolute without any order as to costs. Since we have differed with each other, let the record of the case be placed before the learned Chief Justice for necessary order. Edi......nt of the Awami League he ceased to be the printer, publisher and Editor of the Daily Ittefaq. In this situation Mr. Anwar Hossain passed certain orders dated 23-1-99, 17-8-99 and 25-9-99 terminating services of some employees and appointing someone in the employment of the said Company, which amoun..Category: Information Technology Law | Date: | Hits: 324
Moulana Md. Abdul Kader Azadi Vs. Government of Bangladesh and other, 2005, 34 CLC (HCD)
....ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ......ce with law. Therefore, we do not find any substance in this Rule. Accordingly, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 114. ..Category: Employment/Service Law | Date: | Hits: 81
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