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Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....ransferred 2.5 decimals of land by aforesaid deed dated 13‑12‑94 and 3.5 decimals of land by another deed dated 13‑1‑95 to defendant No.12. Then, defendant No.12 asked them on 15‑12‑95 to hand over possession, which they declined to. Hence, the suit. 5. Defendant No.12 alone contest......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2
Yusuf Chowdhury (Md.) Vs. Administrator of Waqf and others, 2004, 33 CLC (HCD)
....ot enlisted as Waqf and such order could not be maintained. He further submitted that in 1992 the land was already enlisted as waqf. 12. Mr. Mahmudul Islam, learned Senior Advocate, on the other hand, took us through the deed of waqf and submitted that the disputed land did not find mention in ......nd of CS plot No.609 appertaining to CS Khatian Nos.208/198 was not waqf is thereby upheld. Send down the LC Record. Ed. This Case is also Reported in: 57 DLR (2005) 738. ..Category: Trust/Waqf Law | Date: 11 Aug, 2004 | Hits: 1
.... He also took us through the record and submitted that the learned Subordinate Judge erred in law in dismissing the suit of the Bank.
21. Mr. M Fazlul Karim, learned Senior Counsel, on the other hand, submitted that the Subordinate Judge committed no error in granting counter‑claim under Orde......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
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Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....of the House Building Finance Corporation and could not avail the benefit of the notification dated 30‑6‑1992 issued by the Corporation for exemption of 50% interest. The plaintiffs, on the other hand, did not try to get the sale deed registered by paying the rest consideration money. In such ci......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....r right. The law under such circumstances assists not only the possessor himself but also those who stand in the place of the possessor by succession or transfer. The term dispossession, on the other hand, is, in essence, ouster of possession. The prefix of the term "dis" is negative"......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....tions 15 and 16 of the Arbitration Act………….(23) Section 15 of the Arbitration Act provides for modification and correction in number of ways. Section 16, on the other hand, empowers the Court to remit the award on particular points to the arbitrator for reconsiderati......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
....ed Advocate has referred the decision of a case Union Road Ways (P) Ltd. Vs. Shah Ramanial Ritesh Kumar & others, reported in Company Cases (India) Vol. 76 pages 315.
10. On the other hand, Mr. Md. Abdul Bashar, the learned Advocate appearing on behalf of the complainant-opposite par......ion the Rule is discharged.
Sent down the Lower Court Records along with a copy of this judgment to the concerned court at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 603.
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Category: Banking Law, Criminal Law | Date: 19 Jul, 2004 | Hits: 3
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....thus in possession of the suit land, in 1999 the defendant made claims over the suit land and threatened to dispossess her. Whereupon, she was constrained to institute the suit. 16. On the other hand, the case of the defendant is that the plaintiff transferred the suit land by two registered de......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
....tan on 25‑3‑1961 and on his demand said Salamatullah promised to leave the disputed property soon. In April, 1962 Salamatullah was transferred to Karachi but he left for Karachi without handing over possession to the plaintiff. The plaintiff further asserted that defendant Nos. 1̴......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....after setting aside its order rejecting the memorandum of appeal. It is needless to say such power could only be exercised within the periphery of the above provisions of law. 26. In the case at hand, on 20‑6‑02 the memorandum of appeal was presented and the District Judge rejected said mem......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... the Court can proceed to give a judgment and under Order IX, rule 13 if a party satisfies a Court that summons were not duly served upon him, the Court is bound to set aside an ex parte decree." Chandpur Jute Suppliers owned by Sekander Khan (since dead), Chandpur and others Vs. Subordinate Judg...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
.... such jurisdiction under the said provision of law, consequently, the said order of rejecting the prayer for rejection of the plaint was illegal and without any lawful authority.
7. On the other hand, Mr. Md. Muzibur Rahman Miah, the learned Advocated appearing on behalf of the respondent-bank,......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
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Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
....urt of Senior Assistant Judge, Palash, Narsingdi for permanent injunction on the averments, inter alia, that after the death of the CS recorded owner Meher Ali and his sons Kamaruddin, Janab Ali and Chand Miah got one third each of the suit land on amicable partition. It is further stated that ......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....s of Port of Karachi, PLD 1987 SC 393; Mohammad Eunus & Brothers Vs. Chittagong University, 44 DLR (AD) 296; KM Shafi Limited Vs. Government of Bangladesh, 1983 BLD (AD) 109; State of Orissa Vs. Dhandasi Sahu, AIR 1989 SC 1791; Dhandasi Sahu Vs. State of Orissa, AIR 1987 Orissa 275; IBAD and Co.......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
.... Syed JR Mudassir Husain CJ Md Fazlul Karim J Amirul Kabir Chowdhury J Nurul Huq (Md) @ MN Huq ………….Appellant Vs. Nirmal Chandra Dutta and another ........................Respondents Judgment April 5, 2004. ......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Ershad Ali Sikder (Md) Vs. State, 2004, 33 CLC (AD)
....business named A Jalil Company Limited of which her father A Jalil is the owner. The Managing Director of the Company Mr. Monirul Islam took on lease the said Jailkhana Ferry ghat and labour handling ghat through open tender as before which was required by them for their industry and busin......e are in respectful agreement with the aforesaid observation which manifests the correct exposition of law on the subject. The petition is, accordingly, dismissed. Ed. ..Category: Constitutional Law | Date: 22 Mar, 2004 | Hits: 332
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....ivision Bench of the High Court Division in First Appeal No. 191 of 1992 sending back on remand the suit to the trial Court with a direction to the parties to get the disputed signature examined by a handwriting expert and for that they would file application within one month from the date of receip......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
BRTC Vs. Md. Esken Mollick and anr., 2004, 33 CLC (AD)
....yment of Labour (S.O.) Act, 1965 (VIII of 1965), Section 25(l) (a) When there is no denial that the appellant received the grievance petition within time submitted by the respondent No. 1 by hand non-submission of the same by registered post cannot be held to be non-compliance of the requi......as come to a correct decision and there being no error in the said judgment, the appeal has no substance. In the result the appeal is dismissed without any order as to costs. Ed. ..Category: Labour and Industrial Law | Date: 16 Mar, 2004 | Hits: 99
Mosharraf Hossain (Md) (Babul) Vs. Bangladesh, 2004, 33 CLC (AD)
....ion 13(1)(d) in Chapter I of Part II of the Ordinance relates to removal of Chairman or Commissioner from their respective office and the provision therein are self contained and, on the other hand, the provisions in sections 130‑135 are in Chapter I of Part V. The heading of the said......passed in the light of the resolution which was taken after due compliance of the law as in section 13(3) of the Ordinance. Accordingly, the petition is dismissed. Ed. ..Category: Constitutional Law | Date: 16 Mar, 2004 | Hits: 269
....r, did not have any locus standi to file any case either under the provisions of the Industrial Relations Ordinance or even under the provisions of the Standing Orders Act, 1965.
9. On the other hand, Mr. Nesar Ahmed, the learned Advocate appearing on behalf of the respondent No.2, submits that......
In the result, the Rule is made absolute with the above observations and directions.
There is no order as to costs.
Ed.
This Case is also Reported in: 57 DLR (2005) 741.
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Category: Corporate Law, Employment/Service Law | Date: 14 Mar, 2004 | Hits: 4
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