Search Options
Judgment Advanced Search
Displaying 501-520 of 1761 results.
Zareen Biscuit Company Vs. Sayed M. Salimullah and others, 2010, 39 CLC (HCD)
.... Law Words and Phrases Waqf Waqf, as meant in the Muslim personal law, is the dedication of property for religious, pious or charitable purposes which by necessary implication is the extinction of the appropriator's ownership in the thing dedicated and detention of the thing in the ...... The Mussalman Wakf Validating Act, 1913 (Act No.VI of 1913); section 3 Private wakf is valid under some strict limitations The extreme view that a private wakf is in no case valid was later departed from and a wakf for the benefit of the settlor's descendants i.e., wakf-al-al aulad may now...... Respondent No.1. First Appeal No.18 of 2001. Judgment M Moazzam Husain J.- This appeal at the instance of the sole plaintiff, a company, is directed against the judgment and decree of dismissal dated 7-9-2000 passed in Other Suit No.316 of 1994 by the learned Subordinate Judge, 3rd C..Category: Trust/Waqf Law | Date: | Hits: 114
Md. Enamul Haque Vs. Md. Ekramul Haque and others, 2011, 40 CLC (HCD)
....ere the witnesses resides, or the account books are kept…….……………..(16) The initial conditions for transferring the case are that it should be filed at the earliest possible time and next, before settlement of issues…………….(17) The Learned Judge after passing the impugned......of the suitsexpeditiously preferably within 6(Six) months from the date of receipt of this order. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 263. ...... the Judge having an interest in the lis, (c) importance and the difficulty of the question involved in the case, and (d) lastly, where the interests of justice require a transfer. As against the dismissal of stay application, the remedy does not lie in a transfer petition and in the background ..Category: Procedural Law | Date: | Hits: 179
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
....The finding of fact as well as law, whether concurrent or not, arrived at by the lower appellate Court, which is the final Court of fact, is binding on the High Court Division, as a provisional Court except in certain exceptional circumstances, such as non consideration or misreading of the material......lication before the settlement officer for correction of the said record, which was rejected. Thereafter the plaintiff filed Miscellaneous Case No. 21 of 1973 for correction of record and obtained ex parte decree on 25-7-1973. He also filed another suit for permanent injunction being No.110 of 1975 ...... substance in this Rule. Accordingly, the Rule is discharged. There will be no order as to cost. Send down the LC records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 635. ..Category: Procedural Law | Date: | Hits: 83
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
....work which were detrimental to the interest of the college. She was unpunctual in attending class, was in the habit of enjoying leave without permission from the Governing Body, enjoying unauthorized extension of leave. She enjoyed casual leave on 14.9.2002, 15.9.2002, 30.10.2002, 01.1.2003, 17.04.2...... granted by this Court dated 5.9.2005 is hereby vacated. 30. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 355. ......junction the Managing Committee could not take any further steps as per law. The suit was not maintainable and she had no locus standi to file the suit. With these averments the defendants prayed for dismissal of the suit. 4. The plaintiff examined herself as P.W.1 and A.S.I Serajul Islam being a..Category: Employment/Service Law | Date: | Hits: 118
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....no. 3. Writ Petition No. 10051 of 2006. Judgment Sheikh Abdul Awal J. - In this Rule Nisi the respondents have been called upon to show cause as to why the impugned order dated 1-10-2006 (Annexure- E) passed by respondent No. 1 rejecting the application for dismissing the Money Execution Ca......the petitioner and others for realization of its outstanding dues amounting to Taka 2,20,33,779 as stood on 31-7- 2004. The defendant did not turn to contest the suit in which the suit was decreed ex parte vide judgment and decree dated 3-3-2005 (preliminary decree was signed on 9-3-2005). In usu......on by filing Artha Jari Case No. 658 of 2005. 3. The defendant-petitioner (judgment debtor) entered appearance in the said Artha-Jari case by filing power and on 17-9-2006 filed an application for dismissal of the Money Execution Case on the ground that the execution case is barred by limitation ..Category: Civil Law | Date: | Hits: 170
Md. Shafiqul Islam Vs. Board of Intermediate and Secondary Education, Comilla, 2006, 35 CLC (HCD)
.... of Respondent No.3 allegedly acting on the order of Respondent No.2 and as communicated to the petitioner vide Memo No. 4P/Shangtha/92/275(7)302 dated 17.6.1996 dismissing him from service-marked Annexure-A to the petition should not be declared to be illegal, arbitrary, void, inoperative and of ......ure-A to the petition, is declared to have been made without lawful authority and is of no legal effect. Tariq-ul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 203. ......was promoted to Upper Division Assistant and then to the post of Section Officer in 1989 and he had been discharging his duties honestly and efficiently till he was dismissed by the impugned order of dismissal dated 5.6.1996. While serving under the Respondent No.1 the petitioner was elected as the ..Category: Labour and Industrial Law | Date: | Hits: 2706
Abbas Ali and others Vs. Sharif Hossain Chowdhury and others, 2010, 39 CLC (HCD)
....nce, no Court can take into consideration of the statements of the written statement…………(17) The High Court Division cannot act on a gazette notification that was not produced and not exhibited in suit before the trial Court. ………………………………(17) Lawyers Involv......recluded from filing any suit as such the instant suit is barred by res judicata. Thereafter, the plaintiff filed Title Suit No.805 of 1985 against title less A.D.C. and 4 others and obtained an ex parte decree on 2.6.86. Title Suit No.366 of 1984, was withdrawn by the original plaintiffs, but it ......cated photo copies of the same. Send down the lower Court record. Communicate this order at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ..Category: Property Law | Date: | Hits: 80
.....
Khondaker Mahbubuddin Ahmed, Advocate — As Amicus Curiae.
Civil Order Nos. 2678 of 2005, 3797/2003, 6971/2004, 6262/2005, 1512-13 of 2006.
Judgment
MA Rashid J. - The above Rules Nisi except the one in Writ Petition No. 1513 of 2006 were issued against a common order dated 10-2-2003 ...... of respondent No. 2 presented under Rule 31
Of the Tenancy Rules, 1955 are accordingly, restored. Communicate at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 18.
......ch objections. Then, respondent No. 2 filed number of appeals against rejection of all objections under Rule 31 of the Rules, 1955. The Appellate Officer dismissed all the appeals.
32. Then, after dismissal of the appeals by the Appellate Officer, respondent No. 2 on 14-7-2002 made an application..
Category: Property Law | Date: | Hits: 120
Sudhangshu Shekhor Halder Vs. Chief Election Commissioner & others, 2003, 32 CLC (HCD)
.... Vs. Chief Election Commissioner & others………………………Respondents Judgment September 14, 2003. Result: The Election Petition is allowed. Whether submission of the expenses return is substantial compliance of the law and swearing of the affidavit at the end of the...... be void. Let a copy of this judgment be communicated to the Election Commission to take necessary steps in accordance with law. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 655. ......ord, presumably under Article 62(1)(a). 47. Taking cue from the above two decisions, I am of the view that this is not a case where the petition can be dismissed at this stage under Article 58 and dismissal, if any, can only take place after consideration of all the evidence on record, under Arti..Category: Election Law | Date: | Hits: 300
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....ed as Partition Suit No.72 of 2003 before the 1st Court of Joint District Judge, Chittagong, praying for buying-up the 3rd schedule property to the plaint sold to this appellant by registered deed of exchange bearing No.786 executed on 15.07.1996 and registered on 20.07.1996, registered deed of sale......ecessarily. 27. Court fees paid on the memo of the appeal are found sufficient. 28. In the result, the appeal is dismissed on contest with cost against the contesting defendant appellant and ex-parte against the rest without cost. The impugned judgment and decree dated 25.10.03 and 1.11.03 res......onnected Civil Rule No.17(F) of 2004 is discharged and the order of stay is vacated. Send down the lower Court's records at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 199. ..Category: Property Law | Date: | Hits: 132
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....t Nos.1-3 agreed to sell and price was settled at Taka 66,000. The plaintiff and defendant No.4 each paid Taka 28,500 and in total paid Taka 57,000 as earnest money and deed of agreement for sale was executed on 24-12-1988 and it was stipulated that the plaintiff and defendant No.4 would offer the b......of the rule stands vacated. Send down the lower Court record together with copy of the judgment to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 225. ......edule property nor he has got any papers in his possession relating to ownership of the suit schedule property. The property is in possession of the defendant No.4. Hence the defendant prayed for dismissal of the suit with cost. 5. On the basis of the pleadings of the parties the learned Seni..Category: Civil Law | Date: | Hits: 153
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
....February 9, 2012. Result: The Rule is discharged. The Transfer Property Act, 1882 (Act No. IV of 1882), section 48 Section 48 of the Transfer Property Act provides that the deed which was executed earlier should be prevailed. Section 48 of the Transfer of Property Act creats a priority o......aintiffs brought Title Suit No.247 of 1969 in the 2nd Court of Munsif, Chandpur against Ananda Charan Kuri and the defendant No.1 for Specific Performance of Contract which was decreed on 30-9-1972 exparte. Against which defendant No.1 brought Miscellaneous Case for restoration and also brought anot....... The order of stay granted earlier by this Court is hereby recalled and vacated. Send down the Lower Court's Records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 491. ..Category: Property Law | Date: | Hits: 134
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....ues that learned Appellate Court also observed that defendant No.2 filed at final hearing C.C. of kabala dated 10.5.1968 of his vendor Samchia and it was marked Ext. cha although he admitted in cross examination by plaintiff that Samchia gave to him original deed (dated 10.5.1968) and learned Appell......dated 27.4.2002 by appellate Court in T.A. 154/97 be recalled. L.C records along with copy of the judgment be sent down accordingly. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 1. ......plaintiff-appellant-opposite party No.1 to show cause as to why judgment dated 27.4.2002 by Additional District Judge 1st Court Noagaon allowing T.A. No.154/97 setting aside judgment dated 19.5.97 of dismissal of O.C. suit No.197/94 by Assistant Judge 3rd Court Patnitala, Noagaon and sending the sui..Category: Procedural Law | Date: | Hits: 118
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
..................................Opposite Parties Judgment March 18, 2002. Result: The Rule is made absolute. The Code of Civil Procedure, 1908 (V of 1908); Order XXI rules 58-61 If in execution of a decree, any property is attached any person interested may raise objection that such ......e party No.1 as plaintiff filed Money Suit No.7 of 1984 in the Court of Subordinate Judge, Narayanganj against the opposite-party Nos.2‑4 for realisation of an amount of Taka 3,69,287.99 and got ex parte decree. Thereafter, the said decree was put in execution in Money Execution Case No.10 of 1988...... Court is directed to dispose of the application under Order XXI rule 58 in accordance with law on merit. Communicate this order. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 635. ..Category: Procedural Law | Date: | Hits: 128
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....respect to cheques having no signature of the customer………………(21) The bank's obligation is an absolute one…………………….(25) A cheque from, which, when drawn, is a bill of exchange, cannot attract section 5 of the Negotiable Instruments Act, as it pre-requires such a cheq......ecause of the rule "Probandi necessitas incumbit illi qui agit," but also, as the House of Lords unequivocally ordained in the widely acclaimed case of R Vs. Secretary of State for Home Department ex-parte Khawja and Khera, 1984, AC 74, that although all questions in a civil case are to be determine......udgment and the decree passed by the learned Court below. In view of above the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 624. ..Category: Criminal Law | Date: | Hits: 130
Md. Mostafa Rana Vs. Most. Farzana Sultana, 2009, 38 CLC (HCD)
....he appeal then the litigant should invoke that provision. If the defendant filed an application on the same date but under a wrong forum, the learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of la......appeal then the litigant should invoke that provision. If the defendant filed an application on the same date but under a wrong forum, the learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law t...... then the litigant should invoke that provision. If the defendant filed an application on the same date but under a wrong forum, the learned Judge ought to re-admit after setting aside the ex parte dismissal of the appeal without fixing the matter on subsequent date. It is principle of law that di..Category: Procedural Law | Date: | Hits: 154
Syeda Helali Begum and others Vs. Shanty Mary Cruez and others, 2008, 37 CLC (HCD)
.... IX, Rule 13 of The Code of Civil Procedure (For short The Code) is well grounded and well founded, and II. Whether adjudication rendered by Courts below warrants any interference by this Court in exercise of Revisional Jurisdiction envisaged in section 115 of The Code. 2. In broaching and rip.......8.1999 Suit was taken up for peremptory hearing and on that date evidence of Plaintiff 1(ka) had been recorded in part. E. On 29.11.1999 Suit was decreed on contest against Fifth Defendant and ex parte against other Defendants including Defendant No.1(ka)-1(gaha) and Defendants Nos. 19(ka)-19(Ja......nce to the case projected by them. 9. Learned Joint District Judge by Judgment dated 17.1.2006 dismissed Miscellaneous Case. 10. Defendants-Petitioners having felt resentful of above verdict of dismissal of Miscellaneous Case carried an appeal being Miscellaneous Appeal No.26 of 2006 before le..Category: Procedural Law | Date: | Hits: 120
Shamsul Haque Vs. Court of Settlement and others, 1996, 25 CLC (HCD)
....ed Judgment and order dated 7‑10‑87 passed by the respondent No.1 in Settlement Case No.526 of 1987 (Ka‑1005‑Mirpur Sections 1 and 2) holding No.2‑E/5‑2‑Mirpur. Dhaka as contained in Annexure‑1 to the Writ Petition should not be declared illegal and having been made without any lawfu......ade in the Writ Petition and contending, inter alia, that the property in question has been rightly enlisted as abandoned property and the petitioner has not acquired any right on the basis of the ex parte decree which he obtained by suppression of summons and that the sale deed through Court has no......te notification dated 23rd June, 1986 within 60 days from the receipt of the copy of the Judgment. There will be no order as to costs. Ed. This case is also Reported in:49 DLR (HCD) (1997) 469. ..Category: Property Law | Date: | Hits: 107
Manik K Bhattacherjee Vs. Artha Rin Adalat and other, 2010, 39 CLC (HCD)
....r of Respondent No.3, Gonophone Bangladesh Limited (shortly, Gonophone) and at the time of obtaining loan charge documents for the loanwere signed by the directors of Gonophone and the directors also executed personal guarantee of the loan of Gonophone. The petitioner, Manik K. Bhattacharjee having ......, Gonophone was unable to filecertified copy of the said judgment before the Adalat as the certified copy was not ready. The Adalat ultimately rejected the prayer of Gonophone and fixed a date for ex-parte hearing of the suit on 15-8-2007. On prayer of Gonophone exparte hearing was adjourned on 18-9......t any order as to cost. The order of stay stands vacated. Communicate the Judgment of the Artha Rin Adalat No.3, Dhaka at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 195. ..Category: Civil Law | Date: | Hits: 154
Rafiqul Alam (Md.) Vs. Md. Abdul Awal & others, 2010, 39 CLC (HCD)
....er and servant rule, the servant serves under the master at his pleasure and the master has every authority to dismiss and terminate the servant at any time without showing any cause. Mr. Khadem has next submitted that the suit is not maintainable under Section 42 of the Specific Relief Act without ......2-1997 passed by the Subordinate Judge, Rangpur in Order Appeal No.140 of 1995 in hereby affirmed. Send down the LCR accordingly. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 168. ...... not to the employees of the School. He has also conceded that the master and servant rule was applicable to the plaintiff. 9. Admittedly, the plaintiff has filed the suit for declaration that his dismissal order is illegal with a further declaration that he is still in service. 10. Mr. Khadem..Category: Civil Law | Date: | Hits: 144
80738071806680568046804280418034803180278017801580098005800379967984797879687950