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....he suit is liable to be dismissed.
5. On 17-7-88 the plaintiff filed an application praying for amendment of the plaint for incorporating a new claim of damage, which was allegedly left out at the time of drafting the plaint.
6. The defendants contested the aforesaid application for amendment ...... Suit No. 22 of 1987 within three months from the date of receipt of this order.
Communicate the order to the learned Court below at once.
Ed.
This Case is also Reported in: 53 DLR (2001) 280...
Category: Civil Law | Date: | Hits: 91
Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....ly not the Electoral Rolls, Rules 1982. 27. Sub-rule 5 of Rule 20 of the Electoral Rolls, Rules, 1982 states that no amendment or correction of Electoral Roll shall be made under this Rule at any time after the notice of election has been issued and before such election has been held. 28. Gri......act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275...Category: Election Law | Date: | Hits: 89
Shahjahan (Md) Vs. State, 2000, 29 CLC (HCD)
....nce and he heard hue and cry, then he went to the place of occurrence along with Babul, Hanif and Hashem and found the dead body of victim Noor Mohammad but appellant Shahjahan was not there, at that time appellant was in the house of Ali Hossain Akand. On the following morning PW 4 Jasimuddin went ......months. Send down the original case record at once with a copy of the Judgment for perusal and necessary action accordingly. Ed. This Case is also Reported in: 53 DLR (2001) 268. ..Category: Criminal Law | Date: | Hits: 38
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
....he plaintiff and agreed to execute and register the necessary deed of sale in favour of the plaintiff as soon as possible that the plaintiff accordingly went into possession of the suit land and from time to time offered the rest of the consideration money and demanded execution and registration of ...... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262...Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... the Court of Subordinate Judge, Noakhali where plaintiffs uncle Kali Prasanna, maternal grandmother, Niroda Sundari and the plaintiff were impleaded as defendant Nos. 1, 2 and 3 respectively. At the time of filing of the suit the plaintiffs father Han Prasanna who died on 6- 10-1984 was alive. No ...... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259...Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....nd (3) the transferee has sued for partition. 10. The important question for consideration is whether the purchaser was a member of the undivided family to which the dwelling house belonged at the time of sale. 11. The object of section 4 is to enable the member of the undivided family to buy ......f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256...Category: Property Law | Date: | Hits: 113
Star Medical Store Vs. Subordinate Judge, Artha Rin Adalat and other, 2001, 30 CLC (HCD)
....eading to the dispute as has been stated in the writ petition are that, the petitioner took some loan from the respondent No.2 the Uttara Bank and since the loan could not he paid within the schedule time the said case was filed at first as an ordinary money suit being No.82 of 1982 for realisation ......ears by this time. For the reasons and discussions made above, this writ petition does not merit and accordingly it is rejected summarily. Ed. This Case is also Reported in: 53 DLR (2001) 254...Category: Civil Law | Date: | Hits: 93
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e a panel urgently through Advisory Committee within 30 days for appointment of permanent Nikah Registrar. The date of interview was fixed on 25-10-95. But no notice was received by the petitioner in time for which he could not appear in the said examination as one Abdul Razzaque in collusion with o......een contested by the respondent No. 1 denying the allegation in rule application and asserting, inter alia that the petitioner was never a permanent Nikah Registrar for ward Nos. 46-47 and 48 but his appointment was of temporary nature and due to misconduct in discharge of his duty his licence was r..Category: Constitutional Law | Date: | Hits: 109
Abdul Hamid Chowdhury and others Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
.... to Taka 1,75,000.00 and then at Taka 1,90,000.00 for the next year. In the course of argument the learned DAG faintly made an attempt to support the estimation on the ground that by the lapse of the time the cost of living has gone up but the order of the DCT does not refer to that. It is pertinent...... Accordingly, we answer both the questions in the negative and in favour of the assessee applicant, however, without any order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 234...Category: Fiscal/Taxation Law | Date: | Hits: 64
.... and an order is passed thereupon by the Court, such order cannot be said to have been passed behind the back of a party.
12. Mr. Khondakar Ahmed in reply points out that the plaintiff has by this time preferred an appeal against the decree which is now pending for hearing.
13. In support of t......im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
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Category: Civil Law | Date: | Hits: 84
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
.... dues by 12 equal monthly instilments of Taka 76,943.00 each but the opposite party failed to comply with the order of the court. Thereafter the judgment debtor opposite party prayed for extension of time for satisfying the decretal dues. Thereupon the learned Execution Court by order dated 10-4-97 ......rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217...Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....Appellate Court. Mr. Samad has referred to the case of Nowazrullah and another Vs. Waz Khatun and another reported in 45 DLR 279 in support of his contention wherein it was held that the court at the time of deciding a case may compare the disputed hand writing and signature with the admitted hand w......of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214...Category: Procedural Law | Date: | Hits: 90
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....fter the submission of the design for the foundation by the plaintiff. The original design suffered some change from the contract design. The plaintiff having failed to procure tools and machinery in time the work could not be completed by 30-9-1979 as was agreed upon. The defendant gave the plainti......k. 3. Having received no response from the representation made to the Chairman, the plaintiff was constrained to serve a notice upon the defendant on 16-8-1984 under chapter 66 of the contract for appointment of an arbitrator for arbitration of the dispute. He also appointed Mr. SM Shahidullah,an..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
....ence of cheating. In the instant case before us as we find from the petition of complaint, there was nothing to show that the petitioner made any specific promise of making payment within a specified time. In the instant case we also find that the transaction between the parties was a business trans...... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
....appeal under rule 11, it shall fix a day for hearing the appeal. (2) Such day shall be fixed with reference to the current business of the Court, the place of residence of the respondent, and the time necessary for the service of the notice of appeal, so as to allow the respondent sufficient tim....... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196...Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
.... charge under section 302 read with section 34 of the Penal Code to which they pleaded innocence and claimed to be tried. 9. Prosecution in all examined 13 witnesses. Of them P.W.5 at the relevant time was the Officer-in-Charge of Malendah Police Station and recorded the FIR on the oral statement......e above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 531. ..Category: Criminal Law | Date: | Hits: 57
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
....lly laik patit in nature and the settlement holders reclaimed the same by spending huge amount of money and labour they also paid rent of the same to the zaminder shreesta. The plaintiffs since the time of their predecessors are in peaceful possession of the same by growing paddy therein. The sh...... the judgment of the trial court that correctly dismissed the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 513...Category: Property Law | Date: | Hits: 28
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....xclusive possession of the property by cultivation. The plaintiff who is a simple village folk was in expectation that the land will be recorded in his name the plaintiff-respondent for the first time in 1378 B.S. equivalent to 1971 came to learn that the suit property has been wrongly recorded ......udgment an order dated 25.10.2008 passed by the High Court Division in Civil Revision No.6169 of 1991 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 505...Category: Property Law | Date: | Hits: 23
Md. Abu Zafar Shahid and others Vs. Mrs. Joinab Begum and others, 2009, 38 CLC (AD)
....er preferred Civil Revision No.680 of 1976 and the High Court Division by judgment and order dated 24.6.1986 made the rule absolute and allotted 4 annas saham to the defendant Nos.8-16. In the mean time, the plaintiff No.1 died and the plaintiff No.2 being the legal heir of plaintiff No.1 prayed f......ort of the Advocate Commissioner and the trial court by order dated 10.7.1997 rejected the Advocate Commissioner's report. Thereafter the plaintiff No.2 deposited the Advocate Commissioner's fees for appointment of another Advocate Commissioner on 13.5.1998. The trial court appointed another Advocat..Category: Property Law | Date: | Hits: 17
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....dition amongst others that the writ petitioner would be liable to pay penal interest in addition to the normal interest chargeable on the loan obtained by it if it would fail to repay the loan in due time. Since the writ-petitioner could not repay the loan in due time the respondent No.4 instituted ......we find no substance in the submissions of the learned Advocate-on-Record for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 495. ..Category: Banking Law | Date: | Hits: 95
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