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Chairman, Chittagong Port Authority Vs. Safiuddin and others, 2010, 39 CLC (AD)
....ived at by the High Court Division is an accordance with law and no interference is called for. The petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 931.......for restoration of the original Money Suit No. 11 of 1992 after setting aside the ex-parte decree dated 03.06.2000. 4. The plaintiff of Money Suit as opposite party contested the miscellaneous case by filing written objection and the learned Joint District Judge upon hearing the parties and..Category: Civil Law | Date: | Hits: 63
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......g any notice for sale to co-sharers including the plaintiff-petitioner secretly transferred the suit land by a registered kabala dated 18.3.86 to defendant opposite party No.1, who is stranger to the case land; that immediately after his knowledge about the impugned transfer of “kha” schedule la..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......nd butted and bounded by: On the North House of Noorjahan Begum and Abdul Momin Siddique. On the South plaintiff’s house. On the East Road. On the West House of defendants.” 3. The case of the plaintiffs, in short, is that the land of C.S. Khatian No.175 of Mouza Tejkunipara, P.S...Category: Property Law | Date: | Hits: 39
Alauddin Vs. State, 1999, 28 CLC (HCD)
....not on consideration of the report of investigation officer. Communicate the order to the Tribunal. Stay granted earlier stands vacated. Ed. This Case is also Reported in: 54 DLR (2002) 564. ...... ejahar lodged by one Abul Kalam implicating the present petitioner and others as accused. After investigation, police submitted charge-sheet under sections 366/379 of the Penal Code and as such, the case was being tried by Additional District Magistrate, while the trial was going on at one stage, a..Category: Criminal Law | Date: | Hits: 29
Azizul Hoq Vs. Administrator of Waqf, Government of Bangladesh and others, 2001, 30 CLC (HCD)
....nt and it is also liable to be discharged being infructuous. In the result, both the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 561. ......tions and the said application was also rejected by Waqf Administrator on 28-4-1982 upon hearing the parties. Against the aforesaid judgment and order dated 28-4-1982 the said Harun-or-Rashid filed a case being Miscellaneous Case No. 76 of 1982 before the District Judge, Comilla, who upon hearing pa..Category: Trust/Waqf Law | Date: | Hits: 180
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......temporary injunction. The defendant opposite party No. 1 entered appearance and filed written objection to contest and oppose the prayer for temporary injunction. 3. The plaintiff-petitioners' case in brief is that the opposite party No.1 filed Partition Suit No. 102 of 1976 impleading the pr..Category: Procedural Law | Date: | Hits: 80
Md. Nurul Abser Miah Vs. Kiron Shankar Nandy & others, 1988, 17 CLC (HCD)
....e learned Subordinate Judge in exercise of his judicial discretion. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 148. ...... all a necessary party. He further urged that the parties to the agreement are only the other necessary parties to a suit for specific performance of contract. He referred me to the decision is the cases of Prem Sukh Gulgulia and another Vs. Habib Ullah and others, 1945 Cal. 355 and N.T. Palanisam..Category: Procedural Law | Date: | Hits: 70
M/s. Nawab Askari Jute Mills Ltd. & others Vs. Giasuddin Ahmed, 1988, 17 CLC (HCD)
....ated. Let the suit proceed in accordance with law. In the facts and circumstances of the case there will be however no order as to cost. Ed. This Case is also Reported in: 41 DLR (1989) 144. ......y of delay in giving delivery of the launch. The engine was supplied by the petitioners on 9.3.83 and in the meantime the petitioners paid some advance money to the opposite party. It was the further case of the opposite party (plaintiff) that due to delay in delivery of the engine he claimed Tk. 1,..Category: Civil Law | Date: | Hits: 159
Dr. Mohammad Golam Kibria Vs. Nurun Nahar Begum & others, 1989, 18 CLC (HCD)
....resent application filed by the petitioner. For the reason stated above, the application is allowed and it is accordingly disposed of. Ed. This Case is also Reported in: 41 DLR (1989) 143. ......ears. Mr. Faiz submits that the heirs of the deceased Nurun Nahar Begum were not made parties in the main application due to bonafide mistake. Mr. Faiz submits that for the proper prosecution of this case the heirs of the deceased opposite-party No.1 Nurun Nahar Begum are required to be added as opp..Category: Procedural Law | Date: | Hits: 81
Md. Torab Ali Vs. Bangladesh Textile Mills Corporation & another, 1989, 18 CLC (HCD)
....pondents still prefer to differ from the enquiry officer. In the result, the Rule Nisi is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (1989) 138.......second opportunity to show cause as a matter of right. But if his Service Rules or Regulations provide for a second show cause notice, then it must be served on him, as has been done in the present case. A second show cause notice is, in fact, the accused employee's last opportunity to place his s..Category: Employment/Service Law | Date: | Hits: 73
Amar Kumar Nag @ Ratu Nag Vs. State, 1989, 18 CLC (HCD)
....ismissed with the conviction and sentence altered as above. Communicate the result to the court below and send the records expeditiously. Ed. This Case is also Reported in: 41 DLR (1989) 134. ......al Code and there lies the illegality. Mr. Khan further submits that the appellant was tried in absentia and had no opportunity to defend himself. He was absent as he was not aware of the date of the case and he was never a fugitive from justice as he was on bail and there is nothing on record to sh..Category: Criminal Law | Date: | Hits: 35
Trading Corporation of Bangladesh Vs. MV Corina & others, 1988, 17 CLC (HCD)
....The compliance of service is to be filed within two weeks thereafter. The plaint be returned to the learned Advocate of the plaintiff. Ed. This Case is also Reported in: 41 DLR (1989) 127 ......alty. This Court exercises the same jurisdiction as the High Court of England exercised in 1890 under the Admiralty Court Act of 1861." 8. Mr. M. Hafizullah also referred me to the decision in the case of Kings Shipping Trading Co. Vs. M/s. L.S. Line, 38 DLR, 30 in support of his contention that ..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Moslemuddin Dhali & others Vs. Helaluddin Dhali & others, 1988, 17 CLC (HCD)
....abuse of the process of any Court and no case of securing the ends of justice have been made out. In the result, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (1989) 120. ......father of the 1st Party-petitioners and Amiruddin Dhali is the father of the 2nd Party-opposite party nos. 1-3. As there was a dispute between Ali Meah Dhali and Amiruddin Dhali with respect to the case land, the two brothers by instituting Partition Suit No. 2 of 1969 partitioned the properties b..Category: Criminal Law | Date: | Hits: 32
Wahid Halder Vs. Election Commission & others, 1988, 17 CLC (HCD)
....r. In that view of the matter this Rule is discharged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119.......r. In that view of the matter this Rule is discharged without any order as to costs. The order of stay granted by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 119...Category: Election Law | Date: | Hits: 80
Md. Monirul Hoq Vs. Government of Bangladesh, 1988, 17 CLC (HCD)
....avour of the resolution in question. Thus having regard to legal aspect of the matter I fully concur with finding of my learned brother. Ed. This Case is also Reported in: 41 DLR (1989) 108....... (Resignation, Removal and vacation of office) Rules, 1986, herein after referred to as the Upazila Rules, not less than two thirds of the total number of representative members, so far the present case is concerned at least 8 such members, are required to sign requisition for convening a special ..Category: Election Law | Date: | Hits: 92
....titioner for him to apply for leave before the Appellate Division the order of this court is stayed for a period of 2 (two) months from date.
Ed.
This Case is also Reported in: 41 DLR (1989) 103....... of the defendant from the suit premises.
3. The suit was contested by the defendant by filing a written statement in which the material allegations made in the plaint had been denied. It is the case of the defendant that the defendant, which is a voluntary social welfare organisation, paid the..
Category: Property Law | Date: | Hits: 28
Md. Mokbul Hossain Vs. Md. Umar Ali and others, 2009, 38 CLC (HCD)
....at liberty to withdraw the money suit, so, deposited along with the compensation. Send down the lower courts record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 727. ......d proper. 2. The pre-emptor instituted the preemption Misc. Case No.11 of 2006 in the court of Assistant Judge Bhuringamari, Kurigram for preemption of the schedule property made in the preemption case. 3. The case of the pre-emptor is that the land was recorded and published in S.A. Khatian ..Category: Property Law | Date: | Hits: 36
Ramjan Ali Sowdagar and Ashraf Ali Khan Waqf Estate Vs. Most. Ayesha Khatoon, 2010, 39 CLC (AD)
....und by the High Court Division. In the premises, we do not find any merit in this petition. The petition is accordingly dismissed. End. This Case is also Reported in: VII ADC (2010) 926. ......ase that is on 10/08/1952 and they are in possession of the suit land since then. 7. Subsequently the defendant No.7 was transposed as plaintiff No.2 and that the plaintiff No.1 did not pursue the case. The plaintiff No.2, the present petitioner hereof, examined one witness as P.W.1 and the conte..Category: Trust/Waqf Law | Date: | Hits: 194
Md. Nurun Nobi Vs. Khondaker Moklesur Rahman and others, 2010, 39 CLC (AD)
....ition to interfere with the impugned judgment and order passed by the High Court Division. The leave petition is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 917.......witnesses including himself as P.W.1 and the defendant No.1 also adduced three witnesses including himself as D.W.1. Both the contesting parties submitted documents in support of their respective cases which were marked as exhibits. 6. The Trial Court on consideration of the materials and evi..Category: Property Law | Date: | Hits: 31
Nurul Hoque Vs. Aminur Rahman Chowdhury and others, 2009, 38 CLC (AD)
.... decision. In that view of the matter we do not find any merit in the leave petition. Accordingly this leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 909. ......sion by order dated 5.11.2009 allowed the prayer for addition of Nurul Huq as a party. 4. The respondent No.5 contested the rule by filing affidavit-in-opposition contending that there were many cases pending against the petitioner and thus the respondent No.2 formed an opinion that the prese..Category: Election Law | Date: | Hits: 96
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