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Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)

....trict Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for ejectment of defendant-­appellant from the suit property and for delivery of vacant possessi....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ......fendant is directed against the judgment and decree dated 30‑9‑2003 passed by the joint District Judge, 3rd Court, Dhaka in Title Suit No.12 of 1999 decreeing the suit. 2. The respondents as plaintiffs instituted Title Suit No.12 of 1999 in the 3rd Court of Joint District Judge, Dhaka for e..

Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

....azlul Karim J.- These appeals by leave are directed against the impugned judgment and order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2.  The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the plaintiff in......such a revisional application. It is also sub­mitted that respondents being not parties to the suit and the rule having arisen out of an order passed by the Subordinate Judge allowing the prayer for amendment of the written statement, they do not have any locus standi to contest the impugned order ......nd order passed by the High Court Division in Civil Revision No. 1967 of 1999. 2.  The facts relevant for disposal of these appeals are that appellant in Civil Appeal No. 438 of 2001 as the plaintiff instituted Title Suit No. 27 of 1976 in the 3rd  Court of Subordinate Judge, Dhaka fo..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....ourt may seem fit and proper. 2. Opposite Party No.1 as plaintiff filed Title Suite No.3 of 2003 in the Court of Assistant Judge, Kalia, Narail against the petitioner and opposite parties No.2-7 for the following relieves: “(ক) আরজী বর্ণিত মত বাদীর......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ......Suit No.3 of 2003 granting temporary injunction shall not be set aside and or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite Party No.1 as plaintiff filed Title Suite No.3 of 2003 in the Court of Assistant Judge, Kalia, Narail against the ..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Secretary, Ministry of Education, Government of People's Republic of Bangladesh and others Vs. North Point University, 2003, 32 CLC (AD)

....ty Act, 1992 Section 7(d) A mandatory condition having not been complied with no right accrued to the respondent to take recourse to article 102 of the Constitution. Moreover matter is pending before the authority and as such no cause of action has yet arisen……………………(21 & 22......ion 6(b) of the General Clauses Act, the respondent submits, that since at the time of making the application for "Sanad", the existing law required depositing of one crore, therefore, even after the amendment of the said provision, the operation of earlier provision shall not be affected and the Pr......se of action, if any, had matured. In view of the above the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 94; 1 ADC (2004) 497. ..

Category: Others | Date: 8 Feb, 2003 | Hits: 112

Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)

....ord ‑ For the Petitioner AKM Nazrul Islam, Senior Advocate, instructed by Aftab Hossain, Advocate‑on‑Record ‑ For Respondent No.1 Not represented ‑ Respondent No. 2. Civil Petition for Leave to Appeal No. 695 of 2002. (From Judgment and order dated 21‑1‑2002 passed by the H......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ......judgment and decree dated 24‑3‑1992, passed by the learned Subordinate Judge, Additional Court, Narayanganj in Title Suit, No. 40 of 1991 dismissing the suit. 2. The present respondent No.1 as plaintiff filed Title Suit No. 30 of 1989 in the Court of Subordinate Judge Narayanganj against the ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 147

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

.... make an order in a suit filed by the pawnee directing him to sell the pawned goods and ……upon adjustment of the sale proceeds, if any amount remains due then to proceed with the suit for the balance amount………………(12)    ......unt of the debt that remained due on adjustment of the sale proceeds, nor the court is competent to make direction to the pawnee to sell the hypothecate d goods and that to proceed with the suit upon amendment of the plaint as regard the amount, if any, remains due after adjustment of the sale proce......;                         Md. Ruhul Amin J.- The appeal, by leave, is by the plaintiff of Money Suit No. 74 of 1999 (previously numbered 40 of 1997 of the 4th Court of Artha Rin..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

.... turned out from the town residence of his father; Thereafter, Hari Mohan died on 25‑2­ 1982.   5. Getting a letter dated 17‑2‑1982, the plaintiff for the first time came to learn that his father was alive and from further communications with his ......ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ......   November 25, 2002.   Onus of proof   Onus of proof in a civil litigation generally lies on the plaintiff but sometimes it is split between the parties and sometimes it is shifted on the defendan..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....nt   November 23, 2002.   Execution of decree outside Bangladesh  Any decree of any Court in Bangladesh is enforceable in foreign country either as a foreign decree or by instituting a suit on the basis of s......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ......f 2002).   Judgment                   Md. Fazlul Karim J.- The plaintiff seeks leave to appeal against the impugned judgment and order passed by the High Court Div..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Taiyaba Zaman Vs. Gias Uddin Ahmed and others, 2002, 31 CLC (HCD)

....sistant Judge, 6th Court, Dhaka in Title Suit No.137 of 2001 should not be set aside and such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the Rule are that, opposite party No.1 as plaintiff filed Title Suit No.137 of 2001 ...... suit is accordingly, dismissed, however without any order as to cost. The order of stay granted earlier stands vacated. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 523. ......ocate—For the Opposite Party No.1. Civil Revision No. 1111 of 2002. Judgment Faruque Ahmed J.—This Rule at the instance of the defendant-petitioner was issued directing the plaintiff-opposite No.1 to show cause as to why the order 12‑2‑2002 passed by the learned Assist..

Category: Tenancy Law | Date: 6 Nov, 2002 | Hits: 198

Secretary, Ministry of Works and anoth­er Vs. Md. Yusuf Ali Khan and others, 2002, 31 CLC (AD)

....urt Division passed in First Appeal No. 52 of 1990 filed by the respondents. The respondent No. 1 as plain­tiff instituted Title suit No.135 of 1985 in the First Court of Subordinate Judge, Dhaka, for Specific Performance of Contract on the aver­ments, inter alia, that the respondent No. 2, Be......scussion we lo not fined any substance for allowing the appeal. The appeal is dismissed without any order of costs Ed. This Case is also Reported in: 1 ADC (2004) 312. .......1970. It was stipulated in the agreement for sale that after obtaining necessary clearance certificate from Dhaka Improvement Trust, She would execute and register a deed of sale in favour of the plaintiff respondent on acceptance of the balance con­sideration of Tk. 40,000/- (Taka forty thou..

Category: Contract Law | Date: 21 Aug, 2002 | Hits: 1110

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....2. Result: The petition is dismissed. The Arbitration Act, 2001 (Act No. I of 2001), Section 10 It is absolutely the domain and the discretion of the court to grant the relief sought for or to grant any other general or other relief that may be thought fit and proper. In the instant......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ...... to Appeal No. 750 of 2002 (From the Judgement and order dated 8th April 2002 passed by the High Court Division in Civil Revision No. 156 of 2002) Judgment Mohammad Fazlul Karim J.- The plaintiff-petitioner seeks leave to appeal against the impugned judgment of the High Court Division ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Sirajul Islam (Md.) and others Vs. State, 2002, 31 CLC (HCD)

....6‑9‑1999 passed by the Cruelty to Women and Children (Deterrent Punishment) Special Tribunal, Chittagong, in Special Tribunal Case No.146 of 1997 rejecting the prayer of the accused appellants for discharging them under section 241A of the Code of Criminal Procedure and framing charge agains......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ......as been pending for a long time the concerned Special Tribunal, Chittagong is hereby directed to dispose of the same expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 536. ..

Category: Women and Children | Date: 5 Aug, 2002 | Hits: 219

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....titioners. KZ Alam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate‑on‑Record‑For Respondent No.1. Not Represented‑Respondent Nos. 2‑9. Civil Petition for Leave to Appeal No. 27 of 2002. Judgment Md. Ruhul Amin J.- This p......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ......e Court of Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967 dismissing the same. The suit was filed seeking declaration that the property in suit described in the schedule 'A' to the plaint was not enemy property and that the notification dated July 31, 1965 published in the Dhaka ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

Amir Hossain Vs. Homeland Footwear Ltd. and others, 2002, 31 CLC (HCD)

....—For Respondent Nos. 5‑7. Matter No. 59 of 2001. Judgment ABM Khairul Haque J.—This is an application under section 241(v) of the Companies Act, 1994, filed by one Amir Hossain praying for winding up of Homeland Footwear Ltd ('the company'). 2. The case of the petitioner, in short,...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ...... on the prayer of Mr. Imtiaz Mahmud, Advocate, let the operation of this judgment be stayed for a period of three months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 478. ..

Category: Company Law | Date: 21 Jul, 2002 | Hits: 226

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....e (1976) 65 DLR (3rd) 608, R V Gray (1900) 2 QB 36, CK Dephtary Vs. OP Gupta, AIR 1971 SC 1132, Halmore Vs. Smith (1886) 35 Ch. D 449, Channing Arnold Vs. The King Emperor, 18 CWN PC 785, Ambard V AG for Trinidad and Tobago 1936 AC 322 = (1936) 1 All England Report 704, AIR 1978 SC 921 = (1978) 3 SC......e wisdom and restraint with which it is exercised. (x) That the doctrine that an offence is to be forgiven if the offender expresses regret, truly repents his action, and makes a firm promise of amendment is aptly applicable to contempt proceedings, as it is also in line with the texts in the S......ecidendi of English Case law. (i) In a suit for recovery of damages in respect of an alleged libel, the question which is to be first decided is, whether the criticism bears the meaning that the plaintiffs have put upon it, and if it is fair temperate criticism, then the action will fail. ..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201

Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).

....s by special leave are directed against the judgement and order of the High Court Division in Civil Revision Nos. 2407 and 7793 of 1991 dated 15‑1‑1995 making the making the Rules absolute in the former and discharging the Rules the latter. 2. These appeals arose out of two ti......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ......ction 110 would apply if two conditions are satisfied: that the possession of the person claiming long possession is not, prima-facie, wrongful and secondly, the title of the person, in this case the plaintiff-respondent, against whom long possession is claimed is not proved. Plaintiff respondent ha..

Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148

Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)

....in Civil Revision No. 323 of 1994).   Judgment   Syed JR Mudassir Husain J.- This appeal has arisen out of leave granting order dated 7th June, 1998 passed in Civil Petition for Leave to Appeal No. 1200 of 1997 against the judgment and order dated 3rd March, 1997 passed by ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost.   Ed.  This Case is also Reported in: 56 DLR (AD) 73.  ......smissing the same and affirming those of dated 27th August, 1989 passed by the learned Subordinate Judge Dinajpur in the Other Suit No. 206 of 1997 decreeing the same.   2. The appellant as plaintiff instituted the aforesaid suit for declaration of her title in the suit land and also for f..

Category: Family Law | Date: 1 Apr, 2002 | Hits: 181

Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)

....……………Opposite Party Judgment March 27, 2002 Result: The Rule is discharged. Adverse Possession Possession commencing lawfully can transform into an adverse possession and create title by adverse possession. Cases Referred to- ......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523.   ...... by Subordinate Judge, Court No. 1 in Title Suit No. 33 of 1995 in decreeing the suit. 2. Opposite party Nos. 1 to 3 and Mojibar Rahman, predecessor-in-interest of opposite party Nos. 4 to 13 as plaintiff instituted the suit for confirmation of their possession upon declaration of title by adve..

Category: Property Law | Date: 27 Mar, 2002 | Hits: 4

Abu Taher Bhuiyan Vs. Lal Mohon Mondal and others, 2002, 31 CLC (HCD)

.... 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in question. His case is that he was the owner of the suit land and the......e party No. 1-5 and impleaded them in place of the deceased. 8. It appears that the application was filed under Order I rule 10 CPC but subsequently the opposite parties filed an application for amendment of the said application for treating the said application as an application under Order XX......st the order dated 4-9-2000 of the learned Senior Assistant Judge, 6th Court, Dhaka in Title Suit No. 109 of 1995 granting leave to the opposite parties to prosecute the suit on the death of the sole plaintiff. 2. Plaintiff Lal Mohon Mondal instituted the suit for cancellation of the deed in qu..

Category: Property Law | Date: 6 Mar, 2002 | Hits: 56

Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)

....n 115 of the Code of Civil Procedure against order No. 101 dated 11-8-94 passed by the Subordinate Judge, 2nd Court at Mymensingh in Officer in Charge Execution Case No. 8 of 1993 by which the prayer for dismissal of the execution case after adjustment of decretal debt was rejected, and the mortgage......or a sum of Taka 2,57,130.30 as principal and interest on said principal at the rate of 20% from the period of 1-7-82 to 28-8-83. Thereafter, on 1-12-83 the decree holder Bank made an application for amendment of the execution for deduction of Taka 60,000 as received by the Bank from the receiver fr......ustment of decretal debt was rejected, and the mortgaged properties were ordered to be sold by public auction. 2. In the application, it is stated that on 8-9-82 opposite party No.1, the Bank as plaintiff instituted Mortgage Suit No. 116 of 1982 against the petitioner for recovery of a sum of T..

Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146