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Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ...... Rule is made absolute. Small Causes Court Act (IX of 1887); Section 15(2) (3) Jurisdiction of Small Causes Court— Subject to the exceptions specified in the second schedule and to the provisions of any enactment for the time being in force, all suits of a civil nature...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ......r or orders passed as to this Court may seem fit and proper. 2. Facts relevant for the purpose of disposal of the Rule may be, briefly, stated as follows: On 4-2-2008, the opposite-party as plaintiff filed Title Suit No.11 of 2008 against the defendant-petitioner in the 4 Court of Senior A..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......66 DLR (AD) (2014) 162. ......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ......Judge), First Commercial Court, Chittagong in Mortgage Suit No.46 of 1985 decreeing the suit for redemption. 2. The facts, leading to this appeal, are precised below: Respondent No.1 as the plaintiff instituted Mortgage Suit No.68 of 1978 in the Third Court of Subordinate Judge, Chittagong..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
Md. Shafayet Hossain Rana Vs. State and Md. Syed Rejaul Karim Salim, 2014, 43 CLC (HCD)
....dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ...... late Md. Motiur Rahman, Sabbir Tower (5th Floor), 3/4, Purana Paltan, Police Station-Paltan,District-Dhaka…………..Petitioner (In both the revisions) Vs. The State and Md. Syed Rejaul Karim Salim,son of late Abdur Rauf and the Managing Director, Gomati Housing Ltd......dispose of the same expeditiously. Send down the lower Courts’ records and communicate the judgment. Muhammad Abdul Hafiz J.- I agree. Ed. This Case is also Reported in: ......hird Court of Joint District Judge, Dhaka for declarations inter alia, that there was transaction of taka sixty-seven lac only between the parties, out of which taka fifty lac was already paid by the plaintiff to the defendant and taka seventeen lac only was due with some other declarations. In para..Category: Civil Law | Date: 21 Jan, 2014 | Hits: 111
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......ul Islam, 49 DLR (AD) 177 Mozibar Rahman Vs. The Chairman, Dhaka Improvement Trust DIT Building, Dhaka, 41 DLR (AD) 131 D Wren International Ltd. Vs. Engineers India Ltd., AIR 1996 Calcutta 424 Desai and Co. Vs. Hindustan Petroleum Corporation Limited, AIR 1987 (Guj) 19 Jamuna Oil Company Limited Vs......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ......the aforesaid suit praying for decree as: (a) for a decree of Taka 6,90,13,116.90 (six crore ninety lac thirteen thousand one hundred sixteen and paisa ninety) only as on 31-10-2008 in favour of plaintiff and against the defendant; (b) A decree for interest @ 16% on suit value w.e.f. 1-6-2..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Sheikh Md. Rafiqul Islam (Babul) Vs. Manager, Uttara Bank Limited and others, 2013, 42 CLC (HCD)
....s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ......iginal Jurisdiction) Present: Md. Ashfaqul Islam J Md. Ashraful Kamal J Sheikh Md. Rafiqul Islam (Babul)....................Petitioner Vs. Manager, Uttara Bank Limited and others..........Respondents Judgment November 20, 2013 Result: The Rule is m......s set-aside. The trial Court is directed to proceed with the suit immediately in accordance with law. Communicate at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 131. ...... and is of no legal effect. At the time of issuing Rule the impugned auction notice dated 5-4-2008 was stayed. 2. The background leading to the Rule, in short, is that the respondent No.1 as the plaintiff filed a Case No.41 of 2001 for realization of Taka 2, 42, 81,224.86 against the borrower w..Category: Administrative Law, Banking Law | Date: 20 Nov, 2013 | Hits: 6
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......o Reported in: 66 DLR (AD) (2014) 98. ......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ......decree dated 18-10-2003 passed by the learned Acting Senior Assistant Judge, Fifth Court, Chittagong in Partition Suit No.84 of 1999 decreeing the same. 2. The facts, in a nutshell, are that the plaintiff instituted a suit for partition against the defendants. The trial Court upon hearing the p..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......;.Respondents Judgment October 10, 2013 Result: The civil petition is dismissed. Lawyers Involved: Abdul Wadud Bhuiyan, Senior Advocate, AJ Mohammad Ali, Senior Advocate and Quamrul Islam Siddique, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record&mda......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ......ee holder-petitioner by filing Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 under section 9 of the Specific Relief Act got a decree for recovery of possession. In that suit, the plaintiff-petitioner got decree against a dead person and the 3rd. party-respondent was not a party ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
Satsang Bangladesh, D. Pakutia Vs. People’s Republic of Bangladesh and others, 2013, 42 CLC (HCD)
....evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ......Civil Revisional Jurisdiction) Present: Soumendra Sarker J Satsang Bangladesh, D. Pakutia.............Plaintiff-Appellant-Petitioner Vs. People’s Republic of Bangladesh and others.......Defendant-Respondent- Opposite Parties Judgment September 26, 2013. ......evidence within 2(two) months from the date of receipt of this judgment, order. Communicate the judgment and order at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 110 ...... set-aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, that the plaintiff-appellant-petitioner "Satsang Bangladesh", D Pakutia, Ghatail, Tangail repr..Category: Civil Law, Procedural Law | Date: 26 Sep, 2013 | Hits: 3
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ...... Jurisdiction) Present: Sharif Uddin Chaklader J ARM Shahidul Huq J Syed Raihan Hasan Ali Chowdhury.................Plaintiff-Appellant Vs. Syed Hamde Ali Chowdhury and others...........Defendant-Respondents Judgment July 29, 2013. Result: ......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ......ul Abedin, Advocate — For the Respondent No. 1. First Appeal No.321 of 2011 with Civil Rule No. 905(f) of 2011. Judgment Sharif Uddin Chaklader J.- This appeal at the instance of plaintiff, directed against judgment and decree dated 21-8-201 1 passed by the learned Joint Distric..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Robi Axiata Ltd Vs. First Labour Court Dhaka and others, 2013, 42 CLC (HCD)
....Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......nal Jurisdiction) Present: Syed Refaat Ahmed J Mahmudul Hoque J Robi Axiata Ltd………………...Petitioner Vs. First Labour Court Dhaka and others...................Respondents Judgment July 28, 2013. ......Orders of Stay as initially granted are necessarily recalled and vacated. There are no Orders as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 551 ......plaints being filed on dates while they continued in active employment of the Petitioner, Robi Axiata Limited. 4. Robi Axiata for its part has insisted that the temporary employment of each such plaintiff having already determined under separate contracts of employment, the proper avenue o..Category: Labour and Industrial Law | Date: 28 Jul, 2013 | Hits: 7
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......(HCD) (2015) 240 ......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ......l not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The short facts for disposal of the rule is that Maulvi Basiruddin, husband of plaintiff No.1 and father of plaintiffs Nos. 2-5 were the owners of the suit land and other properti..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
....respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
...... Jurisdiction)
Present:
Md. Ashfaqul Islam J
Md. Ashraful Kamal J
Bangladesh Development Bank Limited...................Petitioner
Vs.
Judge, Artha Rin Adalat, Jessore and others..............Respondents
Judgment
July 24, 2013.
Result:
The Rule is ......respondents No.2-4 treating the same as a proper miscellaneous case after hearing both sides forthwith.
Communicate at once.
Ed.
This Case is also Reported in: 66 DLR (HCD) (2013) 1.
......ha Jari Case No.9 of 2005 shall not be declared to have been passed without lawful authority and is of no legal effect.
2. The background leading to the Rule, in short, is that the petitioner as plaintiff filed Artha Rin Suit No. 83 of 2004 in the Court of Judge, Artha Rin Adalat, Jessore (here..
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Ayurvedia Pharmacy (Dhaka) Ltd. Vs. Meher Banu Bibi and others, 2013, 42 CLC (AD)
....in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......Present: Nazmun Ara Sultana J Mohammad Anwarul Haque J Hasan Foez Siddique J Ayurvedia Pharmacy (Dhaka) Ltd…………………......Petitioner Vs. Meher Banu Bibi and others………………………………Respondents Judgment July 7, 2013. Res......in which deserves our interference. In that view of the matter the petition for leave to appeal is hereby dismissed Ed. This Case is also Reported in: 21 BLT (AD) (2013) 229. ......the High Court Division in Civil Revision No.3219 of 2006 under section 115(1) of the Code of Civil Procedure, 1908 where the rule is found to have been discharged with a positive observation that plaintiff of Title Suit No. 145 of 2006 pending before the Joint District Judge, 5"h Court, Dhaka h..Category: Civil Law | Date: 7 Jul, 2013 | Hits: 13
Monowara Begum Vs. Government of Bangladesh others, 2013, 42 CLC (HCD)
....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: 65 DLR (HCD) (2013) 476. ......nt SM Emdadul Hoque J. — On an application of the petitioner Monowara Begum under section 115 (1) of the Code of Civil Procedure, the Rule was issued calling upon the opposite party Nos. 1 and 2 to show cause as to why the impunged judgment and decree dated 24-5-1997, passed by the learne......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: 65 DLR (HCD) (2013) 476. ...... Title Suit No. 351 of 1975 is illegal, void and for further declaration that the vested property proceeding in respect of the suit land is legal and lawful. 3. The further case of the plaintiffs, in short, are that the recorded tenant of the suit land left for India and in the year 1..Category: Civil Law, Property Law | Date: 16 Jun, 2013 | Hits: 2
A.B.M. Liton Vs. Bangladesh & Others, 2013, 42 CLC (HCD)
....the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......e. Refusal of Bail not Sustained-- Since the Adalat as well as the Bank proceeded against the body of all the defendants including the petitioner before proceeding against their properties, and since the Bank and the Adalat proceeded against the petitioner before exhausting all the process......the refusal of bail are set-aside in so far as the petitioner is concerned. Communicate this order. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 207 ......ffect. Short facts, relevant for the disposal of the Rule, are that the Eastern Bank United, Head Office, 10 Dilkusha Commercial Area, Jiban Bima Bhaban (2nd Floor), Dhaka-1000 (respondent No. 3), as plaintiff, filed Artha Rin Suit No.145 of 2011 before the Artha Rin Adalat No. 3, Dhaka against the ..Category: Banking Law | Date: 3 Jun, 2013 | Hits: 5
Bimol Rosario Vs. Barbara Rosario and others, 2013, 42 CLC (HCD)
....w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......n (Civil Revisionai Jurisdiction) Present: Sheikh Abdul Awal J Bimol Rosario……………......................Petitioner Vs. Barbara Rosario and others ...........Opposite Parties Judgment May 22, 2013. Result: The Rule i......w are hereby maintained. Let a copy of this judgment along with the lower Court s record be sent down at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 122. ......t as well as the Court of appeal below considered the entire evidence on record and came to a concurrent finding that in the facts and circumstances of the case there was no reason on the part of the plaintiff-opposite party to gift the suit land to her nephews depriving her minor child…&hell..Category: Civil Law, Evidence Law | Date: 22 May, 2013 | Hits: 3
Nazrul Islam (Md.) & others Vs. Mahfuzur Rahman and others, 2013, 42 CLC (HCD)
....order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......diction) Present: ANM Bashir Ullah J Nazrul Islam (Md.) & others……………………Defendant-Petitioners Vs. Mahfuzur Rahman and others.................Plaintiff-Opposite Parties Judgment May 21, 2013. Result: ......order along with the lower Court s record be sent down to the concerned Court for information and necessary action. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 126. ......dgment May 21, 2013. Result: The Rule Is Made Absolute. Eviction of Defendants- In a suit for eviction of the defendants from a particular land it is always important for the plaintiffs to disclose as to from when the defendants were inducted into possession in to the suit l..Category: Property Law | Date: 21 May, 2013 | Hits: 6
....cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......Hossain J
Siddiqur
Rahman Miah J
AHM Shamsuddin
Chowdhury J
Head Mistress, Hazrat Shah Ali Girls' High School, Mirpur,
Dhaka .............Petitioner
Vs.
Mohammad
Ibrahim and others..........Respondents
Judgment
May 6, 2013.
Result:
The leave petition......cordingly disposed
of.
The matter is remanded to the High court
Division for a fresh hearing.
Ed.
This Case is also Reported in: 65 DLR (AD) (2013)
300; 18 MLR (AD) (2013)153. ......so is done, it will be treated as ultra
vires. A case cannot be finally adjudicated before trial. In situations e.g.
dismissal of services, the High Court Division cannot allow the prayer of the
plaintiff by directly asking the authority to give fresh appointment to the plaintiff
from the da..
Category: Procedural Law | Date: 6 May, 2013 | Hits: 15
Dr. AH Ali Haider Qureshi Vs. Dr. Ali Asker Qureshi, 2013, 42 CLC (HCD)
.... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ...... of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the basis of a written agreement dated 14th June, 1993 entered into a settlement with the...... of issuance of the order of leave stands vacated. 19. However, there will be no order as to costs. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 197 ......09 passed by the learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 323 of 1999 is illegal. 2. The facts leading to the issuance to the leave in a nutshell; can be stated thus, the plaintiff-petitioner filed the original Title suit alleging that the plaintiff as a landlord on the ..Category: Property Law | Date: 6 Mar, 2013 | Hits: 3
Md. Mostafa Vs. Nrayangonj District Council and others, 2013, 42 CLC (AD)
.... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......; Muhammad Imman Ali J Md. Mostafa…………………………………………..Petitioner Vs. Nrayangonj District Council, District: Narayangonj and others………….Respondents Judgment March 1, 2013. Result: The petition is dismi...... Court. We do not find any cause to interfere with the impugned judgment and order of the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: ......judgement and decree dated 10.03.2003 passed by the Joint District Judge, Narayangonj in Title Suit No.102 of 1999 dismissing the suit. 2. The facts of the case, in brief, are that the petitioner-plaintiff instituted Title Suit No.102 of 1999 before the Court of Joint District Judge, First Court..Category: Civil Law | Date: 1 Mar, 2013 | Hits: 115
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