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LMJ International Ltd. India Vs. MV BK Ace and others, 2010, 39 CLC (HCD)
....n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......Supreme Court High Court Division (Statutory Original Jurisdiction) Present: AFM Rahman J LMJ International Ltd. India…………………………Plaintiffs Vs. MV BK Ace and others…………………………Defendant Judgment December 7, 2010. Result: The......n application for facilitating the parties to inform this Court about the compliance of the order, by way of affidavit of compliance. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 256. ......rection given by this Court to the defendant to satisfy this Court that the princiÂpal defendant opposite parties are not under obligation to furnish security in order to protect the interest of the plaintiff or to furnish the security, the defendant No.1, the vessel filed application for vacating/..Category: Admiralty Law or Maritime Law | Date: | Hits: 490
Abu Taher Chowdhury and others Vs. Showkat Ali and others, 2012, 41 CLC (HCD)
....he order of status-quo 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) 455. ......e. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 455. ......he order of status-quo 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) 455. ......uit No.112 of 1980 should not be set-aside. 2. Facts for disposal of the Rule, in short, are that the petitioner Nos.1-5 Late Haji Mohammad Abul Hafez and predecessor of the petitioner Nos.6-12 as plaintiffs instituted other Class Suit No.112 of 1980 in the 1st Court of Munsif, (now Assistant Jud..Category: Administrative Law | Date: | Hits: 175
Government of Bangladesh Vs. Abdul Malek, 2007, 36 CLC (HCD)
.... 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. ...... evidence or misinterpretation or misreading of the relevant law affecting the entire merit of the case…………………………..(10) Mere entry in the record of right shall not create right and title over any property without any corroborative evidence and materials……………………...... 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. ......nganj in Title Appeal No.44 of 1997 reversing those dated 27-3-1997 passed by the Subordinate Judge, 2nd Court, Narayanganj in Title Suit No.369 of 1994 should not be set aside. 2. The case of the plaintiff is that the disputed land originally belonged to Radha Mohan Saha who enjoyed the land thr..Category: Procedural Law | Date: | Hits: 83
Nasrin Jahan (Parul) and others Vs. Khabir Ahmed and others, 2008, 37 CLC (HCD)
....y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......t records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......y attain majority from the defendant No.1 at the rate of Taka 1500 (fifteen hundred) per month. Send down the lower Court records. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 697. ......tiff-petitioner No.1 and defendant-opposite party No.1 were married on 24th February, 1995 at a dower amount of Taka 50,000. The couple was blessed with a son and a daughter in the said marriage, the plaintiff Nos.2 and 3. Defendant No.1 is serving in the Bangladesh Rifles. Soon after their marriage..Category: Family Law | Date: | Hits: 114
Razia Khanam Vs. Md. Shamuzzoha Khan & Others, 2007, 36 CLC (HCD)
.... 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. ......rs…………………………Defendant-Opposite party Judgment May 13, 2007. Result: The rule is discharged. Cases Referred to- Alhaj B.N. Khan (Degree) College Vs. Md. A. Rahim and others, 7 BLT (AD) 153; Bijoy Kumar Saha Vs. Deputy Commissioner, Chuadanga and others, 55 DLR 5...... 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. ......0.2004 passed by the learned Senior Assistant Judge, 3rd Court, Naogaon in Other Class Suit No.155 of 2003 decreeing the suit. 2. Facts relevant for disposal of the Rule are that the petitioner as plaintiff instituted Other Class Suit No.155 of 2003 in the Court of learned Assistant Judge, 3 Cour..Category: Employment/Service Law | Date: | Hits: 118
Eximpo Trading Limited Vs. MV Banglar Kakoli, 2007, 36 CLC (HCD)
....file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......ng Corporation, 10 DLR 307; Albert David (Bangladesh) Ltd. Vs. Brestern Shipping Company Ltd, 1983 BLD 3 =34 DLR 362; Karachi Steam Navigation Vs. Ebrahim Gani, PLD 1957 (Karachi) 315; Konsumex Vs. Ananda and Co, AIR 1981 Calcutta 298; Chittagong Steamship Corporation Ltd. Vs. Central Insurance Comp......file the suit is extinguished and no longer in existence. Accordingly, the suit is dismissed. There shall be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 463. ......dgment Shamim Hasnain J.- This suit arises out of a claim for damages and compensation for a sum of Taka 6,02,37692 against the defendant vessel MV Banglar Kakoli and others. 2. The case of the plaintiff is as follows: The plaintiff had imported a consignment of machinery, accessories and s..Category: Limitation Law | Date: | Hits: 174
FR Garments (Pvt.) Ltd. Vs. Artha Rin Adalat, Dhaka, 2008, 37 CLC (HCD)
....cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......Garments (Pvt.) Ltd…………Petitioner Vs. Artha Rin Adalat, Dhaka .......Respondents Judgment April 23, 2008. Result: The Rule is discharged with a cost of Taka 5,000 (five thousand). Application of writ juridiction against the judgment and decree passed by the Artha Rin Ada......cted to proceed with the Execution Case No. 658 of 2005 expeditiously. Communicate the judgment at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 296; 61 DLR (HCD) (2009) 223. ......t No. 914 of 2004 should not be declared to have been passed without lawful authority and is of no legal effect. 2. Material facts leading to this Rule are that the respondent No.2. Agrani Bank as plaintiff instituted Artha Rin Suit No. 914 of 2004 in the Artha Rin Adalat No. 1, Dhaka impleading ..Category: Civil Law | Date: | Hits: 170
Abbas Ali and others Vs. Sharif Hossain Chowdhury and othÂers, 2010, 39 CLC (HCD)
....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. ......gree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 194. ......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. ......January 31, 2010. Result: All the appeals are allowed. The declaration of the learned judge that the deeds in favour of defendants are product of forgery, collusive and not binding upon the plaintiffs, does not in any way give title to the plaintiffs, or plainÂtiffs on the basis of this d..Category: Property Law | Date: | Hits: 80
Md. Maniruzzaman and another Vs. State, 2011, 40 CLC (HCD)
....e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......nce. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......e charge levelled against them and they be discharged from their respective bail bonds. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 477. ......conferred on the Courts. The Court cannot add words to a statute on said words into it which are not there." 33. From the case of SN Kabir Vs. Fatema Begum, reported in 15 BLC 585, it appears that plaintiff instituted a Title Suit for declaration that he is the owner of the suit property and that..Category: Criminal Law | Date: | Hits: 84
Syed Ghulam Shahriar Vs. Md. Abdur Mannan and 14 others, 2010, 39 CLC (HCD)
....erred land. 14. The learned Advocate Barrister AKM Nazrul Islam next argued that there was a priÂvate road established on the land owned by the pre-emptor in order to facilitate the pre-emptor to ingress and outgress from his homestead land which is situated within the land and, as such, no ques...... High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Syed Ghulam Shahriar……………………Pre-emptee-Appellant-Petitioner. Vs. Md. Abdur Mannan and 14 others………………………Pre-emptors-Respondents-Opposite-Parties Judgment Augu......having no merit is liable to be discharged. In the result the Rule is discharged. However, there shall be no order as to costs. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 248. ......arties. Civil Revision No.2882 of 2009. Judgment AFM Abdur Rahman J.- This Rule under section 115(1) of the Code of Civil Procedure 1908, dated 18-8-2009, issued at the instance of the plaintiff appellant petitioner Syed Ghulam Shahriar, is directed against the Judgment and order date..Category: Property Law | Date: | Hits: 88
Hazi Shamul Alam Vs. Dr. Ashim Sarkar and others, 2006, 35 CLC (HCD)
....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. ......ate Jurisdiction) Present: Md. Arayes Uddin J SM Emdadul Hoque J Hazi Shamul Alam………………………Appellant Vs. Dr. Ashim Sarkar and others………………………Opposite Parties Judgment August 22, 2006. Result: ......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. ......First Court, Chittagong, in Partition Suit No.72 of 2003 decreeing the suit in full in preliminary form. 2. Facts necessary for the disposal of the appeal, in brief are that the respondent as sole plaintiff instituted partition suit No.95 of 2002 in the 3rd court of Joint District Judge, Chittago..Category: Property Law | Date: | Hits: 132
Mohsin Ali Chowdhury Vs. Muzammel Khan & Others, 1989, 18 CLC (HCD)
.... find no ground to interfere with the judgment and decree passed by the learned appellate Court. The rule is discharged without costs. Ed. This Case is also Reported in:42 DLR (HCD) (1990) 167. ...... Vs. Muzammel Khan & Others........................Opposite Parties Judgment April 30, 1989. Result: The rule is discharged. The Easements Act, 1882 (V of 1882); Section 13, 15 and 41 The LimiÂtation Act, 1908 (IX of 1908); Section 26 Right of easement invades upon the......r of the land, has got no other alternative passage for coming out from Rajbari or to Municipal Road or entering there except the suit pathway. III. The suit pathway is necessary for inÂgress and egress of the plaintiff. IV. All blockades and structures on the suit pathway were made during th......imporÂtant ingredient for finding easement by prescription is whether the enjoyment is in assertion of right. Having a proper regard to the law of easement by prescription it is easy to see that the plaintiff in the present case neither made out, nor proved any right of easement by prescription…â..Category: Civil Law | Date: | Hits: 189
Jahirul Islam (Md.) Vs. Rokeya Begum and others, 2009, 38 CLC (HCD)
....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. ......BLC (HCD) (2011) 225. ......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. ......2. At the time of issuance of the rule the operation of the impugned judgment and decree dated 10-6-1999 was stayed. 3. Facts relevant for the purpose of disposal of the rule in short are that the plaintiff and the defendant No.4 entered into a contract with the defendant Nos.1-3 for purchase of ..Category: Civil Law | Date: | Hits: 153
Abul Hashem Vs. Mahmuda Khatoon & another, 2012, 41 CLC (HCD)
....h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......12, 2011. Result: The Rule is disposed of. The Muslim Family Law Ordinance, 1961 (Ordinance No. VIII of 1961), section 7 Talaq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of reco......h and the learned Assistant Judge and Family Court, Fulbaria, Mymensingh along with the lower Court records. No order as to costs. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 494. ......laq given without sending notice to the Union Parishad Chairman and the wife, is not talaq in the eye of law……………..(28 & 29) In the absence of record of disputed amount of dower, the plaintiff site should produce more credible evidence e.g. the dower fixed in other marriages of the ..Category: Family Law | Date: | Hits: 246
Nur Mohammad Vs. Serajul Islam and others, 2012, 41 CLC (HCD)
..... 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. ......upreme Court High Court Division (Civil Revisional Jurisdiction) Present: SM Emdadul Hoque J Nur Mohammad……………………Defendant-Appellant-Petitioners Vs. Serajul Islam and others………………………Plaintiff-Respondents Judgment February 9, 2012. Resul....... 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. ......that who is present before the time has the better right i.e. the transÂferor cannot prejudice the right of the transferee by any subsequent dealing with the property. On the basis of this maxim the plaintiff has created right from the transferor though the said transferor is trying to prejudice th..Category: Property Law | Date: | Hits: 134
....us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......on
(Civil Revisional Jurisdiction)
Present:
Mohammad Abdur Rashid J
Md. Monowarul Hoque………………………Petitioner
Vs.
Government of the People's Republic of Bangladesh, and others..…………………Opposite parties
Judgment
February 26, 2007.
Result:
Th......us quo granted earlier at the time of issue of the Rule on 15.12.02 is hereby recalled and vacated.
Send down the records at once.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 273.
......The record of rights prepared in the name of the government during the last revisional survey has got no basis since the suit land was already correctly recorded in the name of the predecessor of the plaintiffs and they have been in possession of the suit land. Even if the plaintiffs failed to prove..
Category: Property Law | Date: | Hits: 100
Md. Momtaz Uddin Vs. Sreemoti Bimala Rani Roy @ Bigini Roy and others, 2008, 37 CLC (HCD)
....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. ......0) 1. ......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. ...... of 2002. Judgment Md. Abdul Quddus J.- Rule was issued under section 115(1) of the Code of Civil Procedure at the instance of one Momtaz Uddin defendant No.2 respondent-petitioner calling upon plaintiff-appellant-opposite party No.1 to show cause as to why judgment dated 27.4.2002 by Addition..Category: Procedural Law | Date: | Hits: 118
Foyez Ahmed and others Vs. Uttara Bank and others, 2002, 31 CLC (HCD)
.... 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. ......s Case is also Reported in: 55 DLR (HCD) (2003) 635. ...... 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. ......cution Case No.10 of 1988 rejecting an application under Order XXI rule 58 of the Code of Civil Procedure. 2. The relevant facts, for the disposal of this Rule, are that the opposite party No.1 as plaintiff filed Money Suit No.7 of 1984 in the Court of Subordinate Judge, Narayanganj against the o..Category: Procedural Law | Date: | Hits: 128
Islami Bank and others Vs. Dewan Md. Yusuf, 2002, 31 CLC (HCD)
....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. ......s also Reported in: 55 DLR (HCD) (2003) 624. ......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. ......gment and the decree dated 28‑2‑1999 passed by the learned Subordinate Judge and Commercial Court No.1, Dhaka, in Money Suit No.3 of 1995. By his judgment the learned Judge granted the relief the plaintiff asked for by way of monetary compensation to the tune of Taka 3,52,000 (three lac fifty-tw..Category: Criminal Law | Date: | Hits: 130
....t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......ammed J
Rafiqul Alam……………………..Petitioner
Vs.
Secretary, Ministry of Works, Government of the People's Republic of Bangladesh and others ……………………Respondents
Judgment......t's order.
For the reasons stated above, the present application is rejected summarily as there is no substance in it.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 628.
......ner's Title Suit No.21 of 1989 for permanent injunction was filed against the said Ministry, later on a prayer was made for mandatory injunction to restore possession of the disputed house to the plaintiff on the allegation that after filing of the suit the plaintiff was dispossessed by the defe..
Category: Civil Law, Contempt of Court Law | Date: | Hits: 99
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