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Mojibul Haque (Md) Vs. Ataur Rahman and others, 2000, 29 CLC (HCD)
.... of the suit independently. The Rule is accordingly discharged without any order as to costs. The stay order granted by this Court stands. Ed. This Case is also Reported in: 53 DLR (2001) 229.......nal District Judge committed error of law in deciding the maintainability of the suit. He has argued that in an injunction preceeding the learned Additional District Judge should not have decided the question of maintainability of the suit. His further contention is that under section 16(1) (3) of t......tion 86 of the Ordinance but the plaintiffs without following that provision filed the instant suit which is not maintainable 9. Mr. Syed Ziaul Karim, the learned Advocate relying on the aforesaid facts, has submitted that since the defendants were elected as members of the committee on 29-11-199..Category: Administrative Law | Date: | Hits: 146
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226.......dure against the aforesaid impugned judgment and order dated 5-8-99 passed by the learned Sessions Judge and obtained the present Rule. 4. At the very outset of the hearing of the Rule, we put the question of maintainability of the present revisional application filed under section 439 of the Cod...... PS Case No.2 dated 12-6-98 corresponding to GR Case No. 116 of 1998 under sections 147/148/323/3 326/302/34 of the Penal Code rejecting the petition filed on behalf of the informant. 2. The short facts of the case are that one Md Mojiruddin as informant lodged a first information report with Har..Category: Criminal Law | Date: | Hits: 40
....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.
...... have been joined, whether as plaintiff or defendant, or whose presence before the Court may be necessary in order to enable the Court effectually and completely to adjudicate upon and settle all the questions involved in the suit. be added” (underlined by me). It is true that the plaintiff is a �...... in possession of the suit land since lease. But on 22-05-2000 the miscreants with the help of the police dispossessed the from the suit land.
6. On the same date i.e. 29-11-2000 stating the above facts and circumstances, the plaintiff made and moved an application under Order 39 rules 1 and 2 re..
Category: Civil Law | Date: | Hits: 84
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....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.......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.......Judge and Artha Rin Adalat, 2nd Court Madaripur in Money Execution Case No.25 of 1994 waiving 60% of the interest and allowing payment of the balance of the decretal dues by instilments. 2. Short facts relevant for the purpose of the Case are that, the petitioner Bank as plaintiff instituted a s..Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....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.......t for opinion after comparing the LTI of the plaintiff appellant on the disputed sale deed. 4. By the impugned order the appellate Court allowed the prayer and ordered for sending the documents in question for comparing the LTI thereon to be compared with the admitted LTI of the plaintiff appella......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
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....the affirmative and against the assessee applicant and we refrain from answering the other questions. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 209. ......—For the Applicant. Md. Abdur Rahim Bhuiyan, Assistant Attorney General—For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same th....... Md. Abdur Rahim Bhuiyan, Assistant Attorney General—For the Respondent. Application Nos. 43, 44. 46, 47 and 48 of 1994. Judgment Syed Amirul Islam J. - As common question of law and facts are involved in these reference applications and the parties being same they are heard togethe..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......e any valid claim on this account either. 10. On the increase of the work, it was stated by the defendant that as per terms of the contract as there was no increase of work by 15%, there cannot be question for adjustment. The institution of the suit, accordingly, by the defendant is nothing but a......t. Accordingly, he opposed the submission of Dr. Rahman that the failure to pursue arbitration would make the suit not maintainable. On merit he submitted that the trial Court on consideration of the facts and circumstances of the case and on the evidence on record passed the decree and, as such, th..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... 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. ......sidered a civil liability only we are also of the view that the petition of complaint itself does not disclose any offence under sections 406 and 420 of the Penal Code and, as such, the proceeding in question is liable to be quashed. 8. In the result the Rule is made absolute. The proceeding of C...... 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)
..... 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........ 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.......o the plaintiff-respondents setting aside the judgment and order passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instit..Category: Procedural Law | Date: | Hits: 81
Abdul Kader @ Kada and others Vs. State, 2010, 39 CLC (AD)
....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. ......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. ......eave to Appeal is directed against the judgment and order dated the 20th and 21st day of August, 2007 passed by the Appellate Division in Criminal Appeal No. 24 of 2000 allowing the appeal. 2. The facts involved in the case, in short, are that Abdus Samad Mondal, a neighbour of the deceased Moh..Category: Criminal Law | Date: | Hits: 57
Fazar Ali Vs. Mizanur Rahman and another, 2010, 39 CLC (AD)
....with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518.......nior Counsel for the petitioner submitted that in view of the clear and specific case of the defendant that the agreement for sale was forged and that the defendant did not execute the agreement in question the High Court Division committed an error in believing the agreement for sale as genuine o......with the concurrent findings of fact. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 518...Category: Property Law | Date: | Hits: 23
Most. Selina Banu Bewa and others Vs. Most. Jamila khatun and another, 2009, 38 CLC (AD)
....oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516.......ntiff filed the present suit for cancellation of the deeds on the ground of forgery and although the defendants adduced some witnesses in order to prove the execution and registration of the deeds in question both the Courts below found that the plaintiff was a paradanshin woman and the defendants c......oper consideration of the materials on record arrived at a correct decision and accordingly no interference call for. The petition is dismissed. This Case is also Reported in: VII ADC (2010) 516...Category: Property Law | Date: | Hits: 26
Hazi Sanjob Ali Vs. Hurmuj Ali and others, 2010, 39 CLC (AD)
.... 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....... 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.......e Appeal No. 69 of 1998 arising out of judgment and decree dated 28.10.1998 passed by the learned Subordinate Judge, 1st Court, Sunamgonj in Title Suit No.441 of 1985 dismissing the suit. 2. The facts, in short, are that Hazi Sanjab Ali (since dead) as plaintiff instituted Title Suit No.13 of 1..Category: Property Law | Date: | Hits: 28
Abdun Noor Vs. Abdul Kabir and others, 2010, 39 CLC (AD)
.... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510....... one month. The preparation of paper books is dispensed with as prayed for. The petitioner is permitted to add additional grounds. Ed. This Case is also Reported in: VII ADC (2010) 510.......rict Judge, 1st Court, Sylhet in Title Appeal No. 176 of 1995 affirming those dated 02.08.1995 of the Senior Assistant Judge, Sadar, Sylhet in Title Suit No. 373 of 1988 decreeing the suit. 2. The facts involved in the case, in short, are that the suit land originally belonged to one Jahur Ali wh..Category: Property Law | Date: | Hits: 45
Most. Sajeya Begum and others Vs. Md. Shahidul and others, 2010, 39 CLC (AD)
....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.......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.......y the Subordinate Judge, Chuadanga in Title Appeal No. 83 of 1984 thereby reversing those dated 26.12.1979 passed by the Munsif, Chuadanga in Title Suit No. 679 of 1974 dismissing the suit. 2. The facts involved in the case, in short, are that the suit property belonged to Bidya Nath Kunda and th..Category: Property Law | Date: | Hits: 23
Gonesh Ghosh Vs. Babu @ Sabir Ahmed and others, 2010, 39 CLC (AD)
....the 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) 501.......the 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) 501.......azlul Karim J. - This Petition for Leave to Appeal is directed against the judgment and order dated the 11th and 12th day of August, 2008 passed by the High Court Division in F.A. No. 462 of 1999 The facts involved in the case, in short, are that the suit property as described in the plaint was reco..Category: Property Law | Date: | Hits: 29
Ebrahim Steel Re-Rolling Industries (Pvt.) Limited Vs. Bangladesh and others, 2010, 39 CLC (AD)
....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. ......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. ......d 25.05.1999 passed by the Subordinate Judge and Artha Rin Adalat No.1, Dhaka in Title Suit No.169 of 1999 decreeing the suit for the sum of TK.2,42, 28,435.80 and foreclosing the mortgage. 2. The facts involved in the case, in short, are that the respondent No.4-Sonali Bank sanctioned loan of to..Category: Banking Law | Date: | Hits: 95
Charupado Mondol and others Vs. Chinmay Bachar and others, 2009, 38 CLC (AD)
....judicata in the instant suit, and the trial Court, if the question is so raised, is directed to decide the same in accordance with law. Ed. This Case is also Reported in: VII ADC (2010) 492. ......ted upon in Title Suit No.384 of 1968 could not be a ground for rejection of the proposed amendment. The learned Judges held that such amendment is necessary for the purpose of determining the real questions involved in the suit between the parties and observed that the decision given relating to ......nd order of the High Court Division and other materials available on record. 9. The plaintiffs filed an application for amendment by correcting of some words in the plaint and for addition of some facts about taking settlement of 19.2 acres of land from the Ex-landlord and also for addition of a ..Category: Procedural Law | Date: | Hits: 95
....order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......order passed by the High Court Division and thus do not find any substance in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 486.......of the plaintiffs that Kabir Ahmed died on 10.01.1970.
9. Being aggrieved there-against the plaintiffs filed appeal in the High Court Division and the High Court Division on consideration of the facts and circumstances of the case, evidence and materials on record allowed the appeal in part d..
Category: Property Law | Date: | Hits: 38
Md. Azim Uddin Vs. Md. Abdul Latif and others, 2010, 39 CLC (AD)
....llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......llate judgment and decree and restored those of the trial court. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 484.......ppeal and reversing the judgment and decree dated 31.01.1994 passed by the learned Assistant Judge, 3rd Court, Dhaka in Title Suit No.41 of 1993 decreeing the suit for permanent injunction. 2. The facts, in short, are that the petitioner as plaintiff filed Title Suit No.41 of 1993 before the lear..Category: Property Law | Date: | Hits: 24
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