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South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ...... Jurisdiction) Present: AM Mahmudur Rahman J South Asia Shipping Ltd…………………………Plaintiff Vs. MV Tony Best and orthes………………………Defendants Ju......t and this Court has jurisdiction to entertain the plaint. The suit will proceed in accordance with law. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 226 ...... 19 of 1993. Judgment AM Mahmudur Rahman J. — This application is by the defendants 1 and 2 for rejection of the plaint for want of cause of action. The application is resisted by the plaintiff. 2. The short facts necessary for disposal of this application are: The plaintif..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
....eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......hellip;....................Respondents Judgment August 25, 1993. Result: The Rule is discharged. Cases Referred to- Hosne Ara Begum Vs. Chairman, the Court of Settlement and others in CPSL Appeal No. 290 of 1990; Rahela Khatoon Vs. Chairman, Court of Settlement 45 DLR 5......eed its jurisdiction in passing the impugned decision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 53. ......pinion the property can not be treated as abandoned property and relied on the case of Bangladesh Vs. Messrs. ATJ Industries Limited and others, 28 DLR (AD) 120. Mr. Chowdhury next submitted that the plaintiff being in possession in the case holding since the deed of agreement for sale dated 19.5.71..Category: Abandoned Properties Law, Property Law | Date: 25 Aug, 1993 | Hits: 11
Wahida Khatun Bibi Vs. Khurshid Alam Mia and Others, 1993, 22 CLC (HCD)
....he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......vil Revisional Jurisdiction) Present: Mahmudul Amin Chowdhury J Mahfuzur Rahman J Wahida Khatun Bibi.....................................Petitioner Vs. Khurshid Alam Mia and Others...........................Opposite Parties Judgment August 24, 1993. Resu......he trial Court is directed to conclude the trial within 3 months from the date of receipt of this order. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 279 ......vocate—For the Opposite Party. Civil Revision No. 639 of 1993. Judgment Mahfuzur Rahman J.—This Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff arises out of an order passed by District Judge, Feni on 4.2.93 in Miscellaneous Appeal No..Category: Civil Law, Procedural Law | Date: 24 Aug, 1993 | Hits: 2
....rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
......
Abu Sayeed Ahammed J
Israil Hossain ..............................................................Appellant
Vs.
Himalaya Ice & Cold Storage Limited, 82, South Central Road, PS and District Khulna, Represented by the Managing Director.........................Respondent
Ju......rder of stay granted earlier is vacated. Regard being had to the special circumstances of the case we make no order as to costs.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 44.
...... 15 of 1988 in the Court of the Subordinate Judge 1st Court Khulna against the appellant for realization of money upon the allegations that during his tenure of office as the Managing Director of the plaintiffs company, he misappropriated the money in question.
2. After entering appearance the ..
Category: Arbitration Law | Date: 9 Aug, 1993 | Hits: 3
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ...... (Civil Revisional Jurisdiction) Present: Muhammad Ansar Ali J Bengal Water Ways Ltd………………………Petitioner Vs. Inland Water Transport Authority & others……………Respondents J......id application for temporary injunction. Let this order be communicated to the Court below at once. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 179 ...... Mrs. Shanaz Huq, Advocates—For the Respondents. Civil Revision No. 110 (fm) of 1992. Judgment Muhammad Ansar Ali J. — The First Miscellaneous Appeal at the instance of the plaintiff Bengal Water Ways Ltd. is directed against an order dated the 19th May, 1992 passed by the..Category: Corporate Law | Date: 25 Jul, 1993 | Hits: 2
A Quyyum and another Vs. Uttara Bank Limited and Others, 1993, 22 CLC (HCD)
....t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......DLR (HCD) (1994) 156 ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ......t aside and the suit is dismissed. In the facts and circumstances of the case, however, we make no Order as to cost. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 156 ..Category: Limitation Law | Date: 25 Jul, 1993 | Hits: 3
.... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
......ed in: 46 DLR (HCD) (1994) 39
...... learned Subordinate Judge are hereby set aside and the suit is dismissed.
Send down the LC records immediately.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 39
...... directed against the judgment and decree passed in Money Suit No. 17 of 1984 (formerly MS No. 85 of 1980) by the learned Subordinate Judge, 2nd Court, Chittagong, decreeing the suit in favour of the plaintiff-respondent No.1.
2. The respondent No.1 namely, Amin Fish Farmand Industries Limited ..
Category: Contract Law | Date: 14 Jul, 1993 | Hits: 9
Rajdhani Unnayan Kartipakkha (RAJUK) Vs. Mir Nousher Ali, 1993, 22 CLC (HCD)
.... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......llip;…………Opposite Party Judgment June 21, 1993 Result: The Rule is made absolute. Cases Referred to- Managing Committee NMC Model High School and others Vs. Obaidur Rahman Choudhury and others, 31 DLR (Al)) 133. Lawyers Involved: M ...... For the above discussion, I set aside the order of amendment and make the Rule absolute. No order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 134. ......be changed. The court, however, by the impugned order allowed the amendment. 6. Mr. M Nurullah contends that by making amendment the nature and character of the suit has been changed inasmuch as plaintiff having had been dispossessed the amendment allowed has the effect of a decree for permanen..Category: Civil Law | Date: 21 Jun, 1993 | Hits: 1
Madaris Ali and others Vs. Biswamber Das being dead his heirs, 1993, 22 CLC (HCD)
....aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......ted in: 46 DLR (HCD) (1994) 34 ......aintiffs' suit is dismissed. In the facts and circumstances of the case parties shall bear their respective cost all through. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 34 ......s Judgment June 21, 1993. Result: The appeal is allowed. It is well settled that possession follows title. Even occasional surreptitious acts of possession on the part of the plaintiffs behind the back of such recorded owners who were admittedly residents of a distant place ..Category: Property Law | Date: 21 Jun, 1993 | Hits: 6
Abdul Latif Howlader Vs. Bangladesh Power Develop¬ment Board and others, 1993, 22 CLC (HCD)
....on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......on) Present: Naimuddin Ahmed J Mohammad Gholam Rabbani J Abdul Latif Howlader.....................................Petitioner Vs. Bangladesh Power Development Board and others............Respondents Judgment May 25, 1993. Result: The Rule is dis......on is found to be not maintainable and consequently this Rule is discharged, but there will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 384 ......itioner is precluded from instituting a fresh suit as well as a writ petition in respect of same cause of action in view of Article 102 of the Constitution as hereunder: “9. Decree against plaintiff by default bars fresh suit :( 1) Where a suit is wholly or partly dismissed under rule 8, ..Category: Administrative Law, Employment/Service Law | Date: 25 May, 1993 | Hits: 10
....d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
...... (1994) 268
......d executed and registered through Court at his cost.
Send down the case record at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 268
......learned Subordinate Judge, Narshingdi, in Title Suit No. 85 of 1985 dismissing the suit for specific performance of contract.
2. Facts out of which the present appeal arises, in short, are, that plaintiffs, who are the members of the Executive Committee of Jinardi Union Unnayan Parishad, filed ..
Category: Contract Law, Property Law | Date: 16 Feb, 1993 | Hits: 2
Soleman (Md.) Vs. Ahbarek Khalifa and others, 1992, 21 CLC (HCD)
.... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......iminal Revisional Jurisdiction) Present: Habibur Rahman Khan J Muhammad Abdul Mannan J Soleman (Md.).....................................Petitioner Vs. Ahbarek Khalifa and others..................Opposite Parties Judgment December 2, 1992. Result: ...... right, title and interest in the appropriate forum according to law. Let the records be sent down immediately. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 298 ......strate must guard themselves against the provisions of the section being abused by the section being used with the object of getting possession of the property and driving the other side to figure as plaintiff and to prove his tide". 17. In 20 DLR 367 it was hold that the satisfaction as r..Category: Criminal Law, Procedural Law | Date: 2 Dec, 1992 | Hits: 1
AFM Safiyyullah Vs. AKM Bashirullah alias Mortuza Bashir and others, 1992, 21 CLC (HCD)
....ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ......Safiyyullah…………………………………………Appellant Vs. AKM Bashirullah alias Mortuza Bashir and others…………....Respondents Judgment July 7, 1992. Resu......ged and the order of the stay granted by this court of 14.6.90 is also hereby vacated. There will be no order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 146. ...... No. 43 of 1984. 2. Plaintiff Mr. AKM Bashirullah filed Title Suit No. 43 of 1984 in the First Court of Subordinate Judge, Dhaka for partition of their ejmali properties by metes and bounds. The plaintiff's case is that the properties described in the schedule to the plaint originally belon..Category: Civil Law | Date: 7 Jul, 1992 | Hits: 1
....in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......t Division
(Civil Revisional Jurisdiction)
Present:
D M Ansar Uddin Ahmed J
Narayanganj Pourashava, represented by its Administrator, Narayanganj; Chairman, Narayanganj Paurashava and others……………Petitioners
Vs.
Abdur Razzak…&hel......in Title Suit No. 10 of 1980 is set aside and the suit is dismissed.
Send down the lower court records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 294
......Ordinance is a pre‑requisite in all circumstances for institution of a suit against the Paurashava for anything done in official capacity and that the notices Exts. 3a and 3b which gave rise to the plaintiffs cause of action were issued in official capacity.
Whether the provision is mandatory..
Category: Administrative Law | Date: 23 Jun, 1992 | Hits: 1
Bengal Metro Engineering Co. and others Vs. Agrani Bank, 1992, 21 CLC (HCD)
....it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ...... ......it is almost ready for hearing, if that be so, let the suit be disposed of as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 168 ...... of an application for permission for sale of the pledged goods during the pendency of the suit. 2. Short facts giving rise to this Rule may be stated as follows: The opposite party Bank as plaintiff instituted the above suit in the aforesaid Court against the defendant petitioners for rea..Category: Contract Law | Date: 5 May, 1992 | Hits: 2
Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......;………….Opposite Parties Judgment April 22, 1992. Result: The rule is made absolute. Cases Referred to- Ratesh Chandra Mridha Vs. Hara Krishna Goldar and o1hers, reported in 15 DLR 634; Debi Dayal Vs. Ghasita and ...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ......Moulvibazar dismissing the Title Suit No.232 of 1975 for specific performance of a Contract. 2. Facts giving rise to this Rule are in a nut‑shell as follows: The opposite parties 1‑5 as plaintiffs instituted the above title suit for specific performance of a contract alleging, inter al..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
....l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......a Chowdhury J
Aftabuddin Ahmed.......................................Petitioner
Vs.
Government of Bangladesh, represented by the Secretary, Ministry of Commerce, Special, Property Cell and others................................Respondents
Judgment
April 22, 1992
Result:......l effect and further declare that the impugned notice Annexure G is also without any lawful authority and is of no legal effect.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 59.
......r setting aside the dismissal order and to restore it to its original file and number in accordance with Order 9 rule 9 CPC. The Misc. Case was also dismissed on contest. Order 9 rule 9 precludes the plaintiff from bringing a fresh Suit. But if a suit is dismissed for default in presence of defendan..
Category: Property Law | Date: 22 Apr, 1992 | Hits: 4
Sri Kirtish Chandra Dev Vs. Begum Sufia Akhtar and Others, 1992, 21 CLC (HCD)
.... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......p; ...... be transmitted to the court below at once. The order of stay is hereby vacated. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 313 ......l Procedure filed on behalf of the added defendant‑petitioner against an order dated 24.12.88 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.183 of 1991 allowing the plaintiff's prayer for amendment of the plaint. 2. The shorts facts for disposal of the Rul..Category: Civil Law, Procedural Law | Date: 5 Feb, 1992 | Hits: 1
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ...... 31 DLR (AD) 183; Profulla Kumar Chakraborty Vs. Anil Proshad Chowdhury & others, 33 DLR (AD) 55; Binning & Co. Bangladesh Ltd. Vs. M/s. Nasirabad Properties Ltd. 40 DLR (AD) 89; M/s. A Haque and Co. & another Vs. Al‑haj Zakir Hossain 40 DLR (AD) 109; Ramjan Ali Mistry, 31 DLR (AD) 183......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ......consent of the petitioner and that amount was to be adjusted from the monthly rent. The Dakhila Exts. Ka to Ka (35) do not show any adjustment of rent. If the story of improvement with consent of the plaintiff‑petitioner would have been true, the opposite party would not have made payment of rent ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......rt High Court Division (Civil Revisional Jurisdiction) Present: Habibur Rahman Khan J Jonab (Md.) Ali …………….................Petitioner Vs. Md Moslemuddin and another………….…Opposite Parties Judgment June 3, 1991. Result: The ......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ......e Parties Judgment June 3, 1991. Result: The rule is made absolute. To establish any claim in a suit for specific performance of contract on the basis of oral agreement, the plaintiffs are to prove the contract by cogent and reliable evidence to avoid false and got up claim..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
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