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Amir Hossain Khairati Vs. Abdul Aziz Bepari and others, 1995, 24 CLC (AD)
....aint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court to proceed with the suit in accordance with law. 2. Plaintiff‑respondents instituted the aforesaid suit for specific performance of contract against defendant Nos.1 to 11 along with defenda...... held that the plaint cannot be rejected. For the reasons stated above this appeal is dismissed with cost. Ed. This case is also reported in: 47 DLR (AD) (1995) 106. ...... passed by a Division Bench of the High Court Division in First Appeal No.25 of 1985 setting aside those of the Subordinate Judge, Munshiganj dated 31.5.84 in Title Suit No. 5 of 1984 rejecting the plaint under Order 7 rule 11 of the Code of Civil Procedure and further directing the trial Court t..Category: Contract Law | Date: 31 Jan, 1995 | Hits: 257
Ramisunnessa Bibi and another Vs. Soleman Molla and others, 1994, 23 CLC (HCD)
....sistant Judge, Bagerhat in Title Suit No.355 of 1969 dismissing the same should not be set aside. 2. The short facts giving rise to this Rule are, that the plaintiff petitioner filed the said suit for ejectment of the defendants opposite parties on the ground that Sirajuddin Mollah, the predecess......tion. Accordingly, the Rule is made absolute and the impugned judgment and decree are set aside. However, there will be no order as to costs. Ed. This Case is also Reported in: 48 DLR (1996) 31. ......d 16.6.92 passed by the learned Senior Assistant Judge, Bagerhat in Title Suit No.355 of 1969 dismissing the same should not be set aside. 2. The short facts giving rise to this Rule are, that the plaintiff petitioner filed the said suit for ejectment of the defendants opposite parties on the gro..Category: Tenancy Law | Date: 5 Sep, 1994 | Hits: 182
Sonali Bank Vs. Ali Tannery Ltd. and others, 1994, 23 CLC (HCD)
....laintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1st Artha Rin Adalat, Chittagong, in Money Suit No.52 of 1988, disallowing the plaintiff's application for rejection of counter claim of the defendants. 2. The facts, as are relevant for disposal of t......and from the date of filing till the realisation of the decretal dues with cost and other charges. Ultimately on 31.10.90 the case was transferred to the 1st Artha Rin Adalat. Chittagong by virtue of amendment of section 9 of the Artha Rin Adalat in 1990. 4. The defendant opposite parties appeare...... AF Hasan Arif with Borhanuddin, Advocates- For the Opposite Parties. Civil Revision Case No. 9718 of 1991. Judgment Syed Amirul Islam J. - This revisional application at the instance of the plaintiff is directed against an order dated 12.11.91 passed by the learned Subordinate Judge and 1s..Category: Banking Law | Date: 25 Jul, 1994 | Hits: 191
Shankar Chandra Das and others Vs. Kalachand Das, 1994, 23 CLC (HCD)
.... No. 115 of 1990 affirming the judgment and decree dated 26.5.90 and 6.6.90 respectively passed by the Senior Assistant Judge, Barisal in Title Suit No. 395 of 1984. 3. The short facts necessary for the disposal of this Rule may be stated as follows: Babu Tufan Das, the predecessor of the ......ceby this court. In view of the above, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 419 ......ion No. 1086 of 1992 and Civil Revision No. 1087 of 1992 arising out of the same judgment have been heard together and are being disposed of by this judgment. 2. This Rule at the instance of the plaintiff-appellant petitioners was directed against the judgment and decree dated 16.4.94 and ..Category: Property Law | Date: 17 May, 1994 | Hits: 3
....on, of the Department of Immigration and Passport of the Head Office at Dhaka and thereafter he was transferred to Regional Passport Office at Chittagong as Officer‑ in‑Charge and he served there for about 4 years. On being promoted as Deputy Director, Immigration and Passport by the order of Mi......in‑opposition filed on behalf of the respondent No. 2 by which the provision has been made as to how the recommendation of the review forum will be dealt with by the authority concerned by way of amendment of paragraph No. 3 which runs as follows:
“এমএলও-৯/৮২ আওত...... transmit the report and the recommendation of the review forum to the Hon'ble President with utmost expedition.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 350
..
Category: Administrative Law | Date: 28 Apr, 1994 | Hits: 1
Bangladesh Vs. Md. Lokman Patwari and another, 1994, 23 CLC (AD)
....er……………Respondents [In Civil Appeal No. 84 of 1993] MA Matin (Abdul Matin). ..................... Petitioner Vs. Md. Lokman Patwari ............Respondent [ In Civil Petition for Leave to Appeal No. 478 of 1993] Judgment April 19, 1994. Result: The appea......ranted bail the writ petitioner is ready and willing to perform the functions of Chairman. He obtained bail on 7.2.93 and although an order of detention was passed against him on 24.2.92 with further amendment on 3.3.93 he obtained a stay thereof in Writ Petition No.406 of 1993 on 28.3.93. The Offic......ferred by respondent No.5 for leave to appeal from the impugned judgment and order of the High Court Division is also dismissed. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 163. ..Category: Election Law | Date: 19 Apr, 1994 | Hits: 133
Samarendra Nath Roy Chowdhury Vs. Abdul Jabbar and others, 1994, 23 CLC (HCD)
....ivil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide ...... Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of the plaint on a major ground which is that the said application consisting of wide type......Afrin with Syed AB Mahmudul Hoque, Advocates—For the Opposite Parties. Civil Revision No. 2519 of 1992. Judgment Mohammad Gholam Rabbani J.—This Rule at the instance of the plaintiff is directed against the trial Court's order rejecting an application for amendment of ..Category: Civil Law, Procedural Law | Date: 11 Apr, 1994 | Hits: 1
.... Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 1989 shall not be set aside.
2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid Court against opposite parties 1-5 and also proforma defendant No. 6 for realisati......the mortgaged 'Kha' schedule property by foreclosure the trial Court directed foreclosure of plaint Schedule 'Ka' property. The petitioner then by a petition moved the trial Court for amendment of the judgment and decree by incorporating 'Kha' schedule property in place of &#......hy the order dated 23.11.92 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Money Suit No. 19 of 1989 shall not be set aside.
2. The petitioner's case, in short, is that they as plaintiff instituted Money Suit No. 19 of 1989 before he aforesaid Court against opposite parties 1-..
Category: Civil Law, Property Law | Date: 24 Feb, 1994 | Hits: 1
SM Wadud Vs. Principal Secretary, Presi¬dent Secretariat and others, 1994, 23 CLC (HCD)
....cted to review the order of retirement of the petitioner from the service of Sub-Divisional Adjutant of Ansars under Martial Law Order No. 9 of 1982, contained in Annexure-C to the petition as prayed for or such other or further order or orders as to this Court may seem fit and proper. 2. The f...... even after the withdrawal of Martial Law under section 6(c) of General Clauses Act of 1897. Sub-paragraph 9 of paragraph 19 of 4th Schedule of the Constitution enacted by Constitution (7th amendment) Act of 1986 provides that General Clauses Act, 1897 shall apply to the Proclamation of Ma...... In the result, the Rule is made absolute in the light of observation made above without any order as to costs. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 251 ..Category: Administrative Law | Date: 16 Jan, 1994 | Hits: 1
....ntest against the defendant Nos. 2‑4 with interest at the rate of 5% percent and dismissed the suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a businessman dealing in whole‑sal......judgment and decree passed by the trial Court is hereby affirmed.
Send down the LR Records at once.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 254
......9 decreeing the suit on contest against the defendant Nos. 2‑4 with interest at the rate of 5% percent and dismissed the suit against the rest defendants without costs.
2. The respondent being plaintiff instituted the aforesaid Money Suit on the allegation that defendant No.1 being a business..
Category: Contract Law | Date: 13 Jan, 1994 | Hits: 3
Saheb Ali Miah Vs. State, 1993, 22 CLC (HCD)
....a Union Parishad arises out of the Judgment and order dated 6.9.1990 passed by Mr. ABI Mostafa, Assistant Sessions Judge and Special Judge, Faridpur in Special Case No.36 of 1990 convicting the aforesaid accused appellant under section 409 of the Penal Code read with section 5(2) of the Prevent......the accused appellant was illegal and unauthorised as the charge sheet in this case was not submitted within the statutory period as fixed under section 167(5A) CrPC which was made applicable by amendment of the Criminal Law Amendment Act 1958 and the time for filing charge‑sheet was also ext......ty is not attracted where the accused either challenges the quantum of sentence or 'legality of the sentence." Where, therefore, the accused has been convicted under section 188, PPC on a complaint initiated by a Police Officer for violation of an order under section 144, CrPC, passed by a ..Category: Criminal Law, Procedural Law | Date: 24 Nov, 1993 | Hits: 2
....of 1966 and the record of that appeal has been withdrawn to this court and ordered to be heard analogously with these four appeals by order dated 23.8.1989. But since the said appeal is not yet ready for want of the lower court records which are reported to be not traceable we directed by order date......ping Corporation should be added as respondent. It may be mentioned that Trans Oceanic Steamship Co. Ltd. through its agent Birds (Pakistan) Agencies Ltd. was appellant No. 1 in all appeals and after amendment Trans Oceanic Steamship Company Limited represented through its agent Birds (Bangladesh) A...... are disposing of these four appeals by this judgment.
2. Plaintiff is Adamjee Insurance Company Ltd. in all the suits except in Money Suit 180 of 1966 in which the said Insurance company is the plaintiff No. 2 along with importer plaintiff No. 1 and the principal defendants are the carrier Ste..
Category: Fiscal/Taxation Law | Date: 23 Nov, 1993 | Hits: 4
Meherun Hossain and others Vs. Nazrul Islam and others, 1993, 22 CLC (HCD)
....y the defendant appellants is against judgment and decree dated 28.4.1988 passed by the Subordinate Judge, 2nd Court, Dhaka in Title Suit No.143 of 1984 decreeing plaintiff respondent No.1's suit for specific performance of a contract for sale. 2. Plaintiff-respondent No.1 filed the aforesa...... in respect of their 7/8th share of the suit property and the impugned judgment and decree are modified accordingly. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 86. ...... Kazi Ebadul Hoque J. - This appeal by the defendant appellants is against judgment and decree dated 28.4.1988 passed by the Subordinate Judge, 2nd Court, Dhaka in Title Suit No.143 of 1984 decreeing plaintiff respondent No.1's suit for specific performance of a contract for sale. 2. Plaint..Category: Property Law | Date: 14 Nov, 1993 | Hits: 2
Captain I Z A S A Chowdhury Vs. "MV Stern" and others, 1993, 22 CLC (HCD)
....es—For the Plaintiff M Hafizullah with SK Siddque, Advocates—For the Defendant No. 3. Admiralty Suit No. 18 of 1993. Judgment AM Mahmudur Rahman J.-This application is for encashment of Bank Guarantee No. PG/BDT/49/93 dated July 17, 1993 furnished on behalf of the def......nce of this case, I direct the parties to take necessary step for djsposal of the suit as expeditiously as possible. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 172 ......t. It is further alleged that he was taken down from the Vessel by defendant No. 2 in order to sign off on payment of the dues but defendant No. 2 did neither pay nor signed off and as the result the plaintiff was stranded due to such illegal action of the defendants. Subsequently correspondenc..Category: Admiralty Law or Maritime Law | Date: 9 Sep, 1993 | Hits: 3
South Asia Shipping Ltd Vs. MV Tony Best and others, 1993, 22 CLC (HCD)
....he Plaintiff Mahmudul Islam, Advocate—For the Defendants. Admiralty Suit No. 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 plaintif......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 ......mudul Islam, Advocate—For the Defendants. Admiralty Suit No. 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 ..Category: Admiralty Law or Maritime Law | Date: 25 Aug, 1993 | Hits: 4
Haider Ali Fakir Vs. Government of Bangladesh others, 1993, 22 CLC (HCD)
...., Block F, Mohammadpur, Dhaka) maintaining the inclusion of Holding No. 6 A/7, Block F, Joint Quarter, Mohammadpur, Dhaka belonging to the petitioner in the list of abandoned property dismissing the aforesaid case should not be declared to have been passed without lawful authority and is of no legal......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)
....f status quo granted earlier on 1. 12.92. 2. The short facts relevant is, that the present petitioner being plaintiff instituted Title Suit No. 24 of 1992 in the Court of Subordinate Judge, Feni for a declaration of title over the property mentioned in 'Kha' schedule and for recovery of......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
Bengal Water Ways Ltd. Vs. Inland Water Transport Authority & others, 1993, 22 CLC (HCD)
....mp; others……………Respondents Judgment July 25, 1993. Result: Both the parties are directed to maintain status quo till disposal of the application for temporary injunction. Cases Referred to- Secretary, Dacca Club Ltd. Vs. Mustafa Jamal;......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)
....ttara Bank Limited. instituted Money Suit No. 162 of 1981 on 28.5.81 in the Court of the Subordinate Judge. 3rd Court, Dhaka, which was later on renumbered as Money Suit No. 657 of 1984. on transfer, for a decree of Tk. 1,07,099/08 with interest from the Defendants-Appellants, on the allegations, in......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
......Respondent
Judgment
July 14, 1993.
Result:
The appeal is allowed.
Contract Act (IX of 1872); Section 10, 30 & 73
A person who is not party to the contract cannot enforce the terms of the contracting parties
A stranger to a contract cannot sue the other party....... 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
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