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Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)

....peal. 8. Heard the learned Advocates and perused the impugned order and also we have gone through the provision of Order 23 rule 1 of the Code of Civil Procedure which provides: 23.1 (1) At any time after the institution of a suit the plaintiff may, as against all or any of the defendants with...... to costs. The order of stay granted earlier by this court is hereby vacated. Communicate this order to the court below at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 70. ..

Category: Property Law | Date: | Hits: 30

Jamal Hossain (Md.) and others Vs. Chairman, 2nd Court of Settlement, Abandoned Buildings, Dhaka and others, 1999, 28 CLC (HCD)

....or wrongful inclusion of the case house as abandoned house. The provisions of President’s Order No. 16 of 1972 is not attracted in respect of the case house in which they are in possession from the time of their predecessor for which the Rule issued by this Court is liable to be made absolute. ......f Public Works and Urban Development for information at once. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 67...

Category: Property Law | Date: | Hits: 28

Bangladesh Vs. Md. Moazzem Hossain Bhuiyan and Others, 2009, 38 CLC (AD)

....sident of the 2nd Ad-hoc Governing Body. Thus we do not find any merit in the leave petition. The petition is accordingly dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 65. ......ning Body appointed vide memo No. 254(Ka)/Dhaka 72795 dated 15.07.2009 (Annexure-B to the Writ Petition) by the memo No. 254(Ka)/ Dhaka/3482 dated 29.07.2007 (Annexure-C to the Writ Petition) and the appointment of new ad hoc governing body vide memo No. 265/Ka/অন্ন/09/500 dated 25.08.2009 (..

Category: Civil Law | Date: | Hits: 81

Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)

....ed. The aforesaid 292 examinees are children of freedom fighters and shahid freedom fighters but they did not possess the original certificates as required by the respondent No. 1 PSC at the material time as issuance of the said certificates was in the process. In such circum­stances, the aforesaid...... course of his submission Mr. Mah­mud further argues that since the PSC is a constitu­tional body with the responsibility to conduct tests and examinations for the selection of suitable persons for appointment in the service of the Republic they must act fairly. He submits that the respondent No. ..

Category: Employment/Service Law | Date: | Hits: 134

AMC Bennett and others Vs. Bangladesh and others, 2006, 35 CLC (HCD)

....ind of allotment of plots to be made by the RAJUK. 3. The respondent No. 3 has filed affidavit-in-opposition and also filed a supplementary affidavit-in-opposition stating, inter alia, that at the time of acquisition of the land in question the Rajdhani Unnayan Kartripakkha (RAJUK) placed the ent......petition seems to be frivolous and without any substance. Accordingly, the Rule is discharged with cost of Taka 15,000 (fifteen thousand). Ed. This Case is also Reported in: 59 DLR (2007) 178...

Category: Property Law | Date: | Hits: 34

Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)

....laintiff for admission of a copy of said deed of defendant No. 5 was allowed by this Division in 15 DLR 432 and the appellate Court was directed by said decision to consider said evidence at the time of hearing of the appeal but the Court of appeal below without examining the deed of defendant ......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ..

Category: Property Law | Date: | Hits: 30

Tahera Begum and others Vs. First Court of Settlement and others, 2006, 35 CLC (HCD)

....e present Rule. 10. Mr. Md. Abdul Quddus Sheikh, the learned Counsel appearing on behalf of the petitioner, submits that the property in dispute has never been taken over by the Government at any time, or declared abandoned under the President's Order No. 16 of 1972; moreover, before listing the......ly included in the 'kha' list of the abandoned buildings. In the result, the Rule is made absolute without any order as to cost. Ed. This Case is also Reported in: 59 DLR (2007) 173. ..

Category: Property Law | Date: | Hits: 29

AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)

....iff a chance to amend the plaint in respect of the nature and character of the duties performed by him and to dispose of the application under Order VII, rule 11 of the Code of Civil Procedure at the time of the trial of the suit and to decide maintainability of the suit. 6. Accordingly, the ...... cost. Send down the lower Court's records at once with a copy of this judgment for information and taking necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 166. ..

Category: Employment/Service Law | Date: | Hits: 69

Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)

....vartty on 8-9-1960. Thereafter, Nripendra Chandra Chakravartty while possessing the suit land entered into a contact of exchange with Haji Md Abdur Rahim who was a resident of Assam Province. At that time the Defence of Pakistan Rules was promulgated and, as such, Nripendra Chandra Chakravartty coul......-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ..

Category: Property Law | Date: | Hits: 32

Continental Traders Vs. Bangladesh Textile Mills Corporation and others, 2006, 35 CLC (HCD)

....g after the discharge of the goods and it also appears that the ship arrived in Chittagong Port on 20-4-1976 and discharged the cargoes of the ship and left the Chittagong Port on 1-5-1976 and at the time of discharging of the cargoes in the Chittagong Port there was a short delivery of raw cotton g......ore, dismissed. 23. The respective parties are directed to bear their respective costs. Send down the LC Records at once. Ed. This Case is also Reported in: 59 DLR (2007) 151. ..

Category: Civil Law | Date: | Hits: 87

Abul Kalam (Md.) Vs. Md. Habuluddin and others, 2007, 36 CLC (HCD)

....sulted in an important question of law occasioning failure of justice. 22. In the result, the Rule is discharged with cost. Cost is assessed at taka two thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. ...... thousand. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 59 DLR (2007) 137. ..

Category: Election Law | Date: | Hits: 99

Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)

....defendant No.3) after availing the loan released the two Buses but till the filing of the suit the said two buses were neither registered nor insured although the plaintiff bank gave reminder on many times. The defendants-respondents also did not repay the installments of the loan as was fixed again......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ..

Category: Civil Law | Date: | Hits: 78

Mrs. Zinnatul Ara and others Vs. Bangladesh, 2009, 38 CLC (AD)

....heir prayer, a rule was issued upon the respondents and all further actions pursuant to the auction notice published on 20.07.2005, was stayed for a period of 3 (three) months which was extended from time to time but during emergency, the order of stay was not extended. During that period, the respo......vision rightly dismissed the Civil Petition for Leave to Appeal. Since no new point is raised, this petition for review is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 185...

Category: Civil Law | Date: | Hits: 85

MGH Infocomm Ltd. Vs. Bangladesh, represented by Secretary, Ministry of Information, 2006, 35 CLC (HCD)

....iod of three years (Annexure-'A'). 3. The facts and issues as arise in this Appli­cation straddle a total of three policy and statutory regimes as have been in place from 2001 onwards. At the time that the Petitioner Company (here­inafter referred to as the "Petitioner") embarked upon its o......e observations and direction made above. Communicate a copy of this judgment to the respondent at once. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 131...

Category: Information Technology Law | Date: | Hits: 171

Abdul Malek (Md) and another Vs. Sanowar Hossain and others, 2007, 36 CLC (HCD)

.... the improvement costs of the case land. To my mind, the petitioners slept over the matter and raised the question of non holding of an inquiry into the disputed amount of Taka 2,50,000 for the first time before this Court. Further- more, the OPW 2 Md Helal Uddin Khan, the OPW 3 Jalu Mondal and the ......er passed by the Court of Appeal below is affirmed. Let the lower Court records along with a copy of this Judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 124. ..

Category: Property Law | Date: | Hits: 39

Chairman, RAJUK Vs. Abdul Matin Crore, 2006, 35 CLC (HCD)

....nts within 31­-12-1993, letter dated 10-6-1993 for payment of third and fourth installments i.e. period extended upto 31-12-1993, letter dated 28-12-1992 by plain­tiff to defendant for extension of time for payment, undertaking dated 14-6-1993 by the plaintiff for payment of arrear installments wi......stands dismissed. Send down the lower Court's records at once with a copy of the judgment for information and necessary action. Ed. This Case is also Reported in: 59 DLR (2007) 118. ..

Category: Property Law | Date: | Hits: 31

Muktar Hossain and others Vs. A Matin Sarker and others, 2007, 36 CLC (HCD)

....e deed to find the transaction a mortgage. 7. He also submitted that the alleged agreement was created to defeat preemption otherwise the land would have been reconveyed to the sellers by this time, which is more than five years. 8. I have perused the record. 9. Mr. Md. Azizul H...... if necessary, on further evidence that may be adduced by the parties. 18. Send down the records at once. Communicate. Ed This Case is also Reported in: 59 DLR (2007) 116. ..

Category: Property Law | Date: | Hits: 27

Lokman Hossain @ Md. Lokman Ali (Md) Vs. State, 2003, 32 CLC (HCD)

.... occurring in section 25C(1)(a) of the Special Powers Act unless the following require­ments are proved- i) Such adulteration rendered it "noxious" as food or drink. ii) Accused at the time of adulteration intended to sell such article as food or drink; or knew it to be likely that su......nt and his sureties are discharged from their bail bonds. Sent down the LCR along with a copy of the judgment expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 109. ..

Category: Criminal Law | Date: | Hits: 35

Faruq (Md) Vs. State, 2006, 35 CLC (HCD)

....de of Criminal Procedure in minute details. From the evidence on record it is found that all the PWs, excepting few discrepancies and contradictions, have supported the prosecution case in respect of time, place and mariner of occurrence in a similar way. From their depositions it is found that in c......at liberty forthwith if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 104. ..

Category: Criminal Law | Date: | Hits: 27

Nurjahan Begum Vs. Nur Rahman and Others, 2006, 35 CLC (HCD)

....n-registered deed dated 19-6-1948, the appellate Court opined that the plaintiff is the elder sister of the defendant No. 1; that the plaintiff was given many moveable and immovable properties at the time of her marriage, that the plaintiff did not file the suit which was actually filed forging ammu...... Joint District Judge, Court No. 1, Rangpur in Other Suit No. 30 of 1997 decreeing the suit in part is affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 98...

Category: Property Law | Date: | Hits: 49