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Muhammad Siddiq Vs. Mst. Ghafuran Bibi, 1971, I CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non-maintenance and in the absence of any p...... the respondent will be paid to the extent of Rs. 1000/- only. The balance if any left ever, will be returned to the appellant. Ed. This Case is also Reported in: 25 DLR (SC) (1973) 1. ......0. The Code of Civil Procedure, 1908 (V of 1908), section 53, Order VI, rule 17 The High Court was in error in granting a divorce by way of khula when the plaintiff failed to establish her claim for dissolution of marriage on the ground of cruelty and non..Category: Family Law | Date: 11 Nov, 1970 | Hits: 195
Most. Renu Begum Vs. Khandoker Enamul Mowla and others, 2011, 40 CLC (HCD)
....the suit should not be set aside. 2. The fact of the case in short is that, the petitioner as plaintiff instituted Title Suit No. 169 of 2003 in the Court of Senior Assistant Judge, Savar, Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3......the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be set down at once. Ed. This Case is also Reported in: 21 BLT (HCD) (2013) 58. ...... passed by the learned Senior Assistant Judge, Savar, Dhaka in Title Suit No. 169 of 2003 dismissing the suit should not be set aside. 2. The fact of the case in short is that, the petitioner as plaintiff instituted Title Suit No. 169 of 2003 in the Court of Senior Assistant Judge, Savar, Dhaka..Category: Evidence Law | Date: | Hits: 6
AKM Fazlul Haq and anothers Vs. People’s Republic of Bangladesh and others, 2010, 39 CLC (HCD)
....n same category/class are to be treated equally and any discrimination between the same group or class is liable to be struck down as being violative of the Constitution. Equality of opportunity for the citizens in public employment connotes that persons placed in the same class or category are......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ......s from the date of receipt of the certified copy of the judgment and order passed today. There will be no order as to cost. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 178 ..Category: Administrative Law, Employment/Service Law | Date: | Hits: 5
Moklesur Rahman & others Vs. State & others, 1983, 12 CLC (HCD)
....er of release passed by his predecessor-in-office on 27-12-82 under section 339C (4) of the Code of Criminal Procedure as amended by Ordinance No. XXIV of 1982. The short fact relevant for the disposal of this Rule may be briefly stated as follows: 2. One Mst. Anjuna Khatun lodge......s, we will now see whether the Additional Sessions Judge acted properly in restoring the case to its file and number by setting aside the order of release. 8. The Code of Criminal Procedure (2nd amendment) Ordinance, 1982 (Ordinance No. XXIV of 1982) came into force on 21-8-82. In this amendmen......the court concerned immediately for early disposal of the present case. Amin-ur-Rahman Khan J. — I agree. Ed. This Case is also Reported in: 36 DLR (1984) (HCD) 174 ..Category: Criminal Law, Procedural Law | Date: | Hits: 1
SM Sirajul Islam Vs. Janata Bank WAPDA Branch, 2013, 42 CLC (HCD)
....ecifically provided that the Artha Rin Adalat's case should be tried by the learned District Judge under the authority of the said Ain and not by any other law. There is a specific provision for Transfer of the Artha Rin case since the Artha Rin Adalat is a special law, i.e., Artha Rin Adal......reby set-aside. The order of stay granted earlier by this Court is hereby vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 119. ......rd Court, Dhaka, should not be set-aside. 3. The brief facts, relevant for disposal of this Rule, as have been stated in the revisional application, in short, are that the opposite party-bank as plaintiff instituted a suit being Title Suit No.217 of 2002 in the Court of the Artha Rin Adalat and..Category: Banking Law, Civil Law | Date: | Hits: 3
Haji Azizur Rahman and others Vs. Syeedul Haque Chowdhury, 1985, 14 CLC (HCD)
....ajee Azizur Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the accused petitioners being armed with deadly weapons formed an unlawful assembly along with other unknown persons, criminally trespassed into t......the lower Court's records be sent down at once. Fazle Hussain Mohammad Habibur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 4. ......e 1st Class and Thana Magistrate, Chittagong in G.R. Case No.5 of 1982 discharging the accused petitioners. 2. The complainant opposite party No.1 Hajee Azizur Rahman filed a petition of complaint in the Court of the Upazilla Magistrate, Fatikchari, Chittagong alleging that on 16.12.82 the..Category: Criminal Law | Date: | Hits: 1
Mohammad Ali Vs. Sukur Ali (The State) & others, 1985, 14 CLC (HCD)
....gh Court Division (Dhaka Bench) (Criminal Revisional Jurisdiction) Present: A.T.M. Afzal J Latifur Rahman J Mohammad Ali........................................Informant Petitioner Vs. Sukur Ali (The State) & others......................Opposi......had been able to escape the trial and, therefore, this Court should direct trial of the accused in the interest of justice or at least make some observation as to the necessity of making further amendment in the law authorising the superior Court to interfere in its inherent jurisdiction in cas......sions of section 339C Cr.P.C. With the observations as above, this Rule is discharged. Latifur Rahman J.—I agree. Ed. This Case is also Reported in: 38 DLR (HCD) (1986) 1. ..Category: Criminal Law | Date: | Hits: 1
....s giving rise to this Rule may briefly be put thus: Kafiran Nessa, an old lady of 80 years and pardanashin, as plaintiff instituted a suit being OC Suit No.148 of 1984 in the Court of Munsif, Sapahar for declaration that Hiba‑bill‑Ewaj deed No.5223/83 dated 7.7.83 of Sapahar Sub‑Registry Offic......y order as to cost.
The connected Civil Rule No.1477 (R) 1990 is also discharged without any order as to cost.
Ed.
This Case is also Reported in: 46 DLR (HCD) (1994) 103.
......ing those dated 27.2.85 passed by Munsif, Naogaon in OC Suit No.296 of 1984.
2. Facts giving rise to this Rule may briefly be put thus: Kafiran Nessa, an old lady of 80 years and pardanashin, as plaintiff instituted a suit being OC Suit No.148 of 1984 in the Court of Munsif, Sapahar for declara..
Category: Evidence Law | Date: | Hits: 7
Gouranga Chandra Dey Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
..................Respondent Judgment December 15, 2003. Result: The application is rejected. Order passed by the Joint District Judge, even in appeal, is not open to challenge before the High Court Division, under sub‑section 1 of section 115 of the Code. Sub‑section 1...... of the said provision. The original provision clothed the High Court Division with powers in its supervisory jurisdiction to correct any error made by the subordinate Courts. 5. It appears that amendment of section 115 had also been made on several earlier occasions. The present amended s......ed under 115(1) of the Code, before the High Court Division, is incompetent and is not maintainable and, as such, summarily rejected. Ed. This Case is also Reported in: 57 DLR (2005) 319. ..Category: Civil Law | Date: | Hits: 2
Adhir Das Vs. Arati Rani Das and others, 2006, 35 CLC (HCD)
....-For the Petitioner. Nurul Amin and Sakila Rowshan-For the Opposite Parties. Civil Revision No.325 of 1998. Judgment Quamrul Islam Siddiqui J.-This Rule was issued on an application for revision made by the defendant-petitioner under section 115(1) of the Code of Civil Procedure (t......hs from the date of receipt of the lower Court record. There is no order as to costs. Send down the lower Court record at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 53. ......ily Appeal No.7 of 1997 affirming the judgment and decree dated 19.11.1996 in part passed by the learned Judge of the Family Court, Paikgacha, District, Khulna in Family Suit No.17 of 1995. 2. The plaintiffs filed the suit for maintenance under section 5(d) of the Family Courts Ordinance, 1985 (h..Category: Procedural Law | Date: | Hits: 31
Md. Kobbat Ail Sikder Vs. Dayal Chandra Biswas and others, 2010, 39 CLC (HCD)
....er. 2. The opposite parties as plaintiffs instituted Title Suit No.193 of 1974 in the Court of Munsif, Sadar Court, Gopalganj against Md. Ruhul Amin Molla and this petitioner as defendants praying for decree of declaration of title and recovery of Khas possession for the suit land described in th......ow affirming those of passed by the trial Court is hereby upheld. The order of stay passed earlier is hereby recalled and vacated. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 305. ......dar Court, Gopalganj in Miscellaneous case No.236 of 1979 should not be set aside or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite parties as plaintiffs instituted Title Suit No.193 of 1974 in the Court of Munsif, Sadar Court, Gopalganj again..Category: Procedural Law | Date: | Hits: 28
Erria Shipping Pte Ltd. and another Vs. Lever Brothers (Bangladesh) Ltd., 2009, 38 CLC (HCD)
.... Judge (now Joint District Judge) 2nd Court, Chittagong in Money Suit No. 6 of 1980, (re-numbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business o...... 28-6-89 passed in Money Suit No. 6 of 1980 is hereby set aside and the suit is dismissed. Send down the lower court records at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 801. ......urt, Chittagong in Money Suit No. 6 of 1980, (re-numbered as Money Suit No. 603 of 1984) decreeing the suit against the defendant appellants. 2. Short facts for disposal of the appeal are that the plaintiff is a Limited Company and carries on the business of manufacture of soaps and chemicals. Th..Category: Admiralty Law or Maritime Law | Date: | Hits: 69
Rezia Begum Vs. Abu Sayed and others, 2006, 35 CLC (HCD)
.... injury and balance of convenience and inconvenience must be in favour of the applicant. The element of prima-facie case, irreparable loss and balance of convenience and inconvenience must co-exist before granting injunction and if any one of these elements are missing, it disentitles the applicant ......or disposal of Other Suit No.69 of 2003 as expeditiously as possible, preferably within 6 (six) months from receipt of this Judgment. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 471. ......10) Prima-facie case is not only to be gathered from the pleadings of the parties but also from the papers and documents that the parties may choose to file while arguing the injunction matter. A plaintiff may make any amount of tall claims in the plaint but if the plaintiff cannot substantiate ..Category: Procedural Law | Date: | Hits: 26
Narayan Dash Vs. Md. Mostofa and others, 2007, 36 CLC (HCD)
....anj, Noakhali in Title Suit No.156 of 2002 should not be set aside. 2. Fact leading to this Rule, in brief, is that the opposite party No.1 as plaintiff instituted the suit against the defendant for declaration that his removal from the post of Headmaster of the Suit School is illegal, inop......t is hereby affirmed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 63. ......y passed by the learned Senior Assistant Judge, Begumganj, Noakhali in Title Suit No.156 of 2002 should not be set aside. 2. Fact leading to this Rule, in brief, is that the opposite party No.1 as plaintiff instituted the suit against the defendant for declaration that his removal from the po..Category: Employment/Service Law | Date: | Hits: 29
Mark Parco and others Vs. State and another, 2007, 36 CLC (HCD)
....te……………opposite party 2. Maxim Limited, Taher Chamber, 10-Agrabad Com Area, Chittagong, Represented by its Chief Account & Company Secretary Shamsuddin Ahmed……………Petitioner for addition of opposite party Judgment April 15, 2007. Result: The rule is made absolut......ef Metropolitan Magistrate Chittagong so far as it relates to the accused petitioners is quashed. Communicate this order at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 350. ......of Doublemooring P.S Case No.17 dated 17.10.2001 under section 406/420/467/468/471/476/121A/109 of the Penal Code pending in the Court of Chief Metropolitan Magistrate, Chittagong. 2. A lengthy complaint was made by the complainant, Maxim Ltd. against the accused petitioners and others alleging t..Category: Criminal Law | Date: | Hits: 114
Ashek Ali (Md.) and others Vs. Abdul Gaffar & others, 2010, 39 CLC (HCD)
....e dated 30-7-2000 passed in Title Suit No.133 of 1993 re-numbered as Title Suit No.73 of 1997, by the learned Sub-ordinate Judge, now Joint District Judge, Arbitration Court, Dhaka decreeing the suit for Specific Performance of Contract. 2. Facts, in a nutshell, giving rise to this appeal are tha......ordinate Judge, (Arbitration), Dhaka in Title Suit No.73 of 1997 is hereby set aside. Send down the lower Court's record at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 384. ......f Contract was brought by the heirs of Jahanara Begum since she died before institution of the suit being Title Suit No.133 of 1993 re-numbered as Title Suit No.73 of 1997. It is also the case of the plaintiff that the defendant Nos.8-10 had obtained a registered lease deed in their favour from the ..Category: Civil Law | Date: | Hits: 133
Sunil Kumar Ghosh & others Vs. State & others, 1986, 15 CLC (HCD)
....ict Judge, Patuakhali in Title Appeal No.37 of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy property proceeding as described in schedule 'Ka’ to the plaint......ans and Assistant Custodians of Enemy Property and to vest or provide for and regulate the vesting of such enemy property by appropriate order. The relevant provision of the Rule as it stood after amendment on 02.11.65 reads as under:- "Rule 182(1) with a view to preventing the payment of mone...... the learned Additional District Judge, Patuakhali in Title Appeal No.37 of 1978 reversing those of the learned Subordinate Judge of that place in Title Suit No.102 of 1976. 2. The petitioners, as plaintiffs, brought the suit for a declaration that the enemy property proceeding as described in ..Category: Property Law | Date: | Hits: 64
....Judge), Jessore in Title Appeal No. 257 of 1989 dismissing the appeal and affirming those dated 28.6.1989 passed by the Assistant Judge, Jessore Sadar in Title Suit No.738 of 1976 dismissing the suit for perpetual injunction.
2. The predecessors-in-interest to petitioner Nos.1(a)-(b), 6(a)-(b) an......above observations, however, without any order as to cost. The order of status quo granted earlier is vacated.
Send down the lower Courts’ records.
Ed.
This Case is also Reported in:
......Attorney General with S M Quamrul Hassan, Assistant Attorney General-For the opposite parties.
Civil Revision No. 411 of 1994.
Judgment
Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-appellants was issued to examine the legality of judgment and decree dated 14.10.1993 (dec..
Category: Property Law | Date: | Hits: 57
Tropical Homes Limited Vs. Registrar of Joint Stock Companies, 1986, 15 CLC (HCD)
....tioner. Not Represented ‑ For the Opposite Parties. Company Matter No.31 of 1996. Judgment Kazi AT Manowaruddin J.-This is an application under section 59(1) of the Companies Act, 1994, for the rectification of share Capital of the Company. 2. The petitioner is the Managing Director......cles of Association. 11. A mistake, whether clerical or other in the Memorandum or Articles can be amended by altering the Memorandum and Articles. Courts approval has to be obtained if particular amendment requires such approval from the Court under any provision of law. 12. In the case of Sc......ibute a sum of Taka 5000.00 to Sir Salimullah Muslim Orphanage, Dhaka and to produce the receipt showing payment thereof to the Court. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 576. ..Category: Company Law | Date: | Hits: 74
Mir Niaz Mohammad Vs. Additional District Judge and others, 2007, 36 CLC (HCD)
....t 9, 2007. Result: The Rule is discharged. Writ Jurisdiction Since the Bankruptcy Act is a special law and special provision having been provided in section 96 of the Bankruptcy Act, 1997 for preferring appeal against the Judgment and decree passed by the Bankruptcy Court and therefore, ......y order as to costs. The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 108. ......order or orders passed as to this Court may seem fit and proper. 2. The facts of the case need not be stated in detail for the purpose of disposal of this Rule. On 24-6-1999 the respondent No.2 as plaintiff bank filed Bankruptcy Suit No.14 of 1999 in the Bankruptcy Court, Dhaka against the petiti..Category: Procedural Law | Date: | Hits: 114
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