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Sonali Bank Limited Vs. Syed Shakhawat Hossain and others, 2011, 40 CLC (HCD)
....y the defendant-appellant against Order No.10 dated 27-4-2011, passed by the learned Joint District Judge, 5th Court, Dhaka in Title Suit No.31 of 2011 directing the defendants to maintain status-quo for a period 6 (six) months and prohibiting from taking any step in respect of the suit cold storage......e, preferably within 60 (sixty) working days of receiving the Judgment and Order of this Division. Communicate the orders at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 22. ......ombined Food and Cold Storage Ltd., (a private company limited by shares), certificate of incorporation number C-32902 (2023)/97); that Form-117 were executed by the said transfers in favour of the plaintiffs and that the defendant No.1 and 2 have sworn affidavit Nos.85 and 86 on 26-7-2006 and the..Category: Administrative Law | Date: | Hits: 212
Jamuna Builders Ltd. Vs. Abdul Barek Chowdhury and others, 2006, 35 CLC (HCD)
...., opposite party Nos.1 and 2 as plaintiffs instituted Title Suit No.21 of 2002, in the Third Court of Joint District Judge, Dhaka, impleading the petitioner and opposite party Nos.3-33 as defendants, for partition of ejmali property claiming their right over 50 decimals of land lying within plot No....... of receipt of this order. Communicate this order at once with a copy of Judgment for information and for taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 300. ...... not be set aside and/pass such other or further order or orders as to this Court may seem fit and proper. 2. Short facts leading to this Rule are that on 30-01-2002, opposite party Nos.1 and 2 as plaintiffs instituted Title Suit No.21 of 2002, in the Third Court of Joint District Judge, Dhaka, i..Category: Property Law | Date: | Hits: 58
Abdus Samad and others Vs. Felu Hossain and others, 2009, 38 CLC (HCD)
....ertain land as licensees. The issue is whether the Courts below committed an error of law occasioning in failure of justice in deciding that the defendants-opposite parties are not licencees and therefore not liable to be ejected. An incidental legal issue in this case is whether a licence is a heri......dverse possession is to be ignored. Send down the lower Court records, along with a copy of this Judgment. No order asto costs. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 89. ......tle Appeal No.311 of 1996 affirmed the Judgment and order dated 23.10.1996 passed by the learned Assistant Judge, Keranigonj, Dhaka dismissing Title Suit No.71 of 1992 instituted by the petitioner as plaintiffs for ejectment of licencees being the defendant-opposite parties from certain land. Ear..Category: Civil Law | Date: | Hits: 123
Md. Abul Kashem and others Vs. Mst. Robila Khatoon and others, 2010, 39 CLC (HCD)
....r pass such other order or further order or orders as to this Court may seem fit and proper. 2. That the opposite party Nos.1 and 2 as plaintiffs on 16.10.1994 instituted Title Suit No.145 of 1994 for declaration that (a) the registered deed No.3118 dated 2.2.1978 of District Registration Office,......he interim order passed at the time of issuance of the Rule is hereby re-called and vacated. Send down the lower Court's records. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 166. ......pur in Title Suit No.145 of 1999 should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. That the opposite party Nos.1 and 2 as plaintiffs on 16.10.1994 instituted Title Suit No.145 of 1994 for declaration that (a) the registere..Category: Property Law | Date: | Hits: 52
Bayazid (Md.) Vs. State, 2009, 38 CLC (HCD)
.... Party No. 2. Criminal Miscellaneous No. 1505 of 2009. Judgment MR. Hasan J. - By this application under section 561A of the Code of Criminal Procedure, one petitioner Mohammad Bayazid prays for quashing the proceedings of Special Case No. 3 of 2009 corresponding to GR Case No. 451 of 2007 ...... Mymensingh is quashed. Let a copy of the judgment be sent for attention to the ACC, to review, if they consider at all necessary, the entire ACC Act and the ACC Rules, to see if any refinement or amendment or clarification as per provision of section 36 of the ACC Act is required any where to re......e, appearing for the opposite party No.2 (ACC), firstly submits that, the recovery of the alleged bribe money being seized by police before the ACC had started any investigation upon receiving any complaint, as per provision of Rule 3 or Rule 4 of the ACC Rules, the alleged recovery was not made by ..Category: Anti-Corruption Laws | Date: | Hits: 44
Abdul Hamid Mollah Vs. Md. Abdul Hye and others, 1997, 26 CLC (HCD)
.... decreeing the suit. 2. The fact involved in this case, in brief, is that the plaintiff‑petitioner filed Title Suit No.84 of 1986 in the Court of the Assistant Judge, Kumarkhali Upazila, Kushtia for a declaration that the defendant Nos.1 and 2 are his Benamders and he has title in the suit land......t of Government and municipal rents. 4. In this background of the case the plaintiff‑petitioner on an application on 1‑12‑87 for addition of defendant‑opposite parties Nos.3 to 5 by way of amendment of the plaint, which was allowed vide order dated 1‑12‑87. The plaintiff-petitioner th......mid, Advocate ‑ For the Petitioner. Md. Abdul Haque, Advocate ‑ For the opposite parties. Civil Revision No.33 of 1992. Judgment Md. Joynul Abedin J.- This Rule at the instance of the plaintiff-petitioner calls in question the Judgment and decree dated 30‑10‑91 passed by the Su..Category: Civil Law | Date: | Hits: 59
Abul Kalam and others Vs. Kafiluddin and others, 1996, 25 CLC (HCD)
....e further proceeding of Title Execution Case Nos.6 and 7 of 1994 of that Court till disposal of First Miscellaneous Appeal No.244 of 1994 pending in the High Court Division. 2. The facts necessary for the disposal of this Rule are that the opposite party No.1, Kafiluddin Ahmed as plaintiff filed ...... The impugned order dated 5‑10‑1995 so far as it relates to the staying of Execution Case Nos.6 and 7 of 1994 is hereby set aside. Ed. This case is also Reported in:49 DLR (HCD) (1997) 569. ......disposal of First Miscellaneous Appeal No.244 of 1994 pending in the High Court Division. 2. The facts necessary for the disposal of this Rule are that the opposite party No.1, Kafiluddin Ahmed as plaintiff filed Title Suit No.22 of 1995 against the defendant‑petitioner and others in the Court ..Category: Procedural Law | Date: | Hits: 69
Mohammadullah Vs. Abu Taher and others, 2009, 38 CLC (HCD)
....r and others…………..Opposite Parties Judgment March 9th, 2009. Result: The Rule is made absolute without any order as to costs. Case Referred to- Hajarilal Mondal Vs. Md. Mozaffor Bepari, 8 BLC (AD) 77. Lawyers Involved: Md. Abdul Awal with Chowdhury Nasima, Advocates ......ed. Office is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 755. ......sistant Judge, Noakhali, dismissing Title Suit No. 186 of 1991. 2. Short facts leading to this Rule are, that on 5-5-1991, predecessor of opposite party Nos. 1(a)- 1(e) and opposite party No. 2 as plaintiffs instituted Title Suit No. 186 of 1991 in the Court of Senior Assistant Judge, Noakhali, i..Category: Civil Law | Date: | Hits: 48
Md. Kamruzzaman and others Vs. Abdus Sattar and others, 2008, 37 CLC (HCD)
....urigram, in other Class Suit No.2 of 1994 decreeing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for disposal of the rule are as follows: The plaintiff's case in nutshell was that the suit jote ...... the case and conclude the same within 3 months from the date of receipt of this order. Send down the lower Court records at once. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 260. ......ing the suit should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. The facts involved for disposal of the rule are as follows: The plaintiff's case in nutshell was that the suit jote originally belonged to one Dost Mahmud Mondal. D..Category: Property Law | Date: | Hits: 48
Md. Nur Hossen Vs. State, 2007, 36 CLC (HCD)
.....S Case No.14 dated 03.01.1999 corresponding to GR Case No.359 (Purbo) of 1999 convicting the appellant Nur Hossen under section 19 A of the Arms Act and sentenced him to suffer rigorous imprisonment for 10 (ten) years. 2. The prosecution case, in short, is that on 03.01.1999 one Sub-Inspector En......g thereby that Court possesses a discretion in the matter. 27. Said section of the Code had been further amended by the Code of Criminal Procedure (Amendment) Act 2003 (Act XIX of 2003) and by the amendment, section 35A stood substituted. Section 35A as substituted runs thus: "Deduction of imp......pellant Nur Hossen shall be set at liberty on his serving the remaining portion of sentence, if any. Send down the L.C.R at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 251. ..Category: Criminal Law | Date: | Hits: 77
Enayet Chowdhury and others Vs. State and another, 2006, 35 CLC (HCD)
.... by the learned Judge of Janonirapatta Bighnakari Aparadh Daman Tribunal No.4, Dhaka. 2. An impugned question of law as to interpretation of section 205 of the Code of Criminal Procedure is posted for decision. 3. The facts of this case are that accused petitioner abet Shimi Banu, an adult dau...... no merit in the Rule. In the result, the Rule is discharged. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 50. ......he legal dispute. 8. Section 205D, sub-sections (1) and (2) is fixed that: "Section 205D. (1) - Whom in a case instituted otherwise than on a police report (hereinafter referred to as a complaint case it is made to appear to the Magistrate, during the course of the inquiry or trail held b..Category: Criminal Law | Date: | Hits: 39
....
Judgment
August 7, 2012.
Result:
Civil Appeal No.256 of 2009 and Civil Appeal Nos.254-255 of 2009 are dismissed.
Civil Appeal No.253 of 2009 is allowed.
Civil Petition for Leave to Appeal No.1689 of 2006 is accordingly disposed of.
Cases Referred to-
Duck Vs......nd includes any company firm, society, association, organization or authority, by whatever name called”. In Article 3 after the word ‘family’ the words “or body” were added. In view of this amendment the position as it now stands is that no company shall be entitled to acquire any land by ...... tort liability arising out of contract, equity steps in and tort takes over and imposes liability upon the defendant for un-quantified damages for the breach of the duty owed by the defendant to the plaintiff. Equity steps in and relieves the hardships of the plaintiff in a common law action for da..
Category: Environmental Law | Date: | Hits: 434
Chairman, Rajdhani Unnayan Kartipakha Vs. Ramjan Ali and others, 2006, 35 CLC (HCD)
....ge, 6th Court, Dhaka in Title Appeal No.301 of 2000 reversing the judgment and decree dated 7.5.2000 passed by the Assistant Judge, 2nd Court, Dhaka in Title Suit No.255 of 1999. 2. Facts relevant for disposal of this Rule, in brief, are as under: The plaintiff opposite parties had filed Title......h the observations made in the body of the judgment. Send down the Lower Court Records at once along with a copy of the Judgment. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 41. ......ing the judgment and decree dated 7.5.2000 passed by the Assistant Judge, 2nd Court, Dhaka in Title Suit No.255 of 1999. 2. Facts relevant for disposal of this Rule, in brief, are as under: The plaintiff opposite parties had filed Title Suit No.255 of 1999 in the Court of 2nd Assistant Judge, ..Category: Property Law | Date: | Hits: 56
Momin Miah & others Vs. Md. Shafiullah Patwari and others, 2007, 36 CLC (HCD)
....Mandal, 26 DLR 3; Abdur Rashid Vs. Abdul Barik, 35 DLR (AD) 162 = 1984 BLD (AD) 83 . Lawyers Involved: Shah Monzurul Hoque, Advocate - For the Petitioners. Mohammad Abul Kashem Bhuiyan for AB Roy Chowdhury, Advocate - For Opposite Party No.1. Civil Revision No.5369 of 2000. ......umstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down to Courts concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 86. ......uted as heirs and heirs petitioners had been respondents in Title Appeal. First-opposite party of Civil Revision Case had been second-pre-emptee-opposite party of pre-emption Miscellaneous Case and plaintiff in suit and appellant in appeal. Second-fourth opposite parties of Civil Revision Case wer..Category: Property Law | Date: | Hits: 64
Advocate Manzill Murshid and others Vs. Bangladesh, 2011, 40 CLC (HCD)
....D 104); Gouriet Vs. Union of Post Office Workers, 1978, AC 435; Associated Provincial Picture Houses Ltd. Vs. Wednessbury Corporation (1948, 1KB 223);Council of Civil Service Association Vs. Minister for Civil Service, Popularly Known as GCHQ Case (1985 AC 374); Padfield Vs. Minister of Agriculture ......he People’s Republic of Bangladesh has promulgated an Ordinance titled “The Supreme Court Judges (Remuneration and Privilege) Ordinance, 1978.” Thereafter, time and again it has been subject to amendment in order to increase the Remuneration and Privilege of the Hon’ble Judges of the Supreme......mendation by the Parliamentary Sub-Committee on Law Justice Parliamentary Sub-Committee was published, without delay. Gobinda Chandra Tagore J. - I agree. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 413
Sonali Bank and another Vs. Chandon Kumar Nandi, 1994, 23 CLC (HCD)
....e absolute. Civil Court had no jurisdiction to entertain the suit of a 'worker' as defined in the Employment of Labour (Standing Orders) Act, 1965 as the remedy of his grievance lies in a separate forum, the Labour Court................................(20) Cases Referred to- Abdul Mannan Si......dships of the Appellate Division in the Civil Petition for Special Leave being No.299 of 1993. 19. It appears that a petition has been filed on behalf of the plaintiff‑opposite party praying for amendment of the plaint by inserting a prayer for consequential relief in the form of re‑instateme......ated 8-8-85 and 17‑8‑85 respectively passed by the Munsif (Assistant Judge) Sadar, Comilla in Title Suit No.43 of 1983. 2. The short facts necessary for the disposal of this Rule are, that the plaintiff‑opposite party, Chandan Kumar Nandi instituted Title Suit No.43 of 1983 in the Court of ..Category: Labour and Industrial Law | Date: | Hits: 137
Hachina Begum and others Vs. Abdul Mannan and others, 2010, 39 CLC (HCD)
....s of the case, in-short, are that the present appellants as plaintiffs instituted a suit being Title Suit No.23 of 1978 in the Court of Subordinate Judge, 2nd Court, Barisal impleading the defendants for declaration of title on the averments that one Abdul Kader Mia, the predecessor of the plaintiff......arisal in Title Suit No.23 of 1978 is set-aside. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 628. ......igned on 4.9.1980) passed by the then Subordinate Judge, 2nd Court, Barisal in Title Suit No. 23 of 1978 dismissing the suit. 2. The facts of the case, in-short, are that the present appellants as plaintiffs instituted a suit being Title Suit No.23 of 1978 in the Court of Subordinate Judge, 2nd C..Category: Property Law | Date: | Hits: 146
Md. Sazzad Hossain Vs. M/S. Kaderia Publication and another, 2006, 35 CLC (HCD)
....dated 04.02.2002 by allowing the plaintiffs application under section 151 of the Code of Civil Procedure and rejecting the defendant's application under Order 26 Rule 9 of the Code of Civil Procedure for holding local investigation. 2. The opposite party No.1 as plaintiff filed title suit No.183 ......ndant's application under Order 26 Rule 9 of the Code of Civil Procedure. Thereafter on 27.04.2002, the plaintiff by filing an application under Order 6 Rule 17 of the Code of Civil Procedure for the amendment of plaint stating that the claimed 4½ Kathas of land of the plaintiff situates at the ext......t the judgment and order dated 19.05.2002 passed by the learned Joint District Judge, Additional Artha Rin Adalat No.2, Dhaka, in Title Suit No.271 vacating the order dated 04.02.2002 by allowing the plaintiffs application under section 151 of the Code of Civil Procedure and rejecting the defendant'..Category: Property Law | Date: | Hits: 84
Md. Fazlul Haque and others Vs. Government of Bangladesh and others, 2012, 41 CLC (HCD)
.... acres at Mouza Ibrahimpur, Dhaka Cantonment, Dhaka which was acquired by the Government in L.A. Case No.159/61-62. The said Abeda Khatun being an affected person filed an application in 2 prescribed form to the Assistant Commissioner of Housing and Settlement (now National Housing Authority) on 16.......directed not to evict the petitioners from the plot in question until a new plot is allotted and handed over in their favour. Mohammad Bazlur Rahman J. - I agree. This Case is also Reported in: ......ourt Division Abeda Khatun moved Civil Petition for Leave to Appeal No.2523 of 2009 before the Appellate Division, which was dismissed on 16.8.2011. She had also instituted Title Suit No.307 of 1999, plaint of which was rejected under Order VII rule 11 of the Code of Civil Procedure at the instance ..Category: Property Law | Date: | Hits: 82
Md. Rakibul Islam and others Vs. Anwar Hossain and another, 2009, 38 CLC (HCD)
....the court of Assistant Judge, Bhederganj, District Shariatpur against defendants Anwar Hossain Gazi, Shahanara Begum and Government of the People's Republic of Bangladesh as defendant Nos. 1, 2 and 3 for specific performance of contract for selling 1.95 acres of land for a consideration of Tk. 15,00......as been discharged so the connecting rule in C. Rule No.551(R) of 1999 is also discharged. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 395. ...... A.Q.M. Fazlul Haque - For the petitioners. M. Hashmatullah Sheikh - For the opposite parties. Civil Revision No.22 of 1999. Judgment Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why th..Category: Property Law | Date: | Hits: 103
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