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Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....an No.116 within C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik for which the plaintiffs being entitled to 0.41 acres of land prayed for separate Sahara as the Defe......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......in C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik for which the plaintiffs being entitled to 0.41 acres of land prayed for separate Sahara as the Defendant-Responde..Category: Property Law | Date: | Hits: 83
Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)
....asuring a total area of 37.66 acres of land appertaining to CS Khatian No.211, CS Plot No.560/669 originally belonged to Satinath Bandapaddhaya alias Sagar Babu. The said land was put to auction sale for arrears of rents and one Promode Bala Devi auction purchased the same. While in possession, sh......he writ petitioners having come to know about the said Miscellaneous Case filed an application on 2-8-1969 for addition of party which was kept with the record. Subsequently upon an application for amendment, Satinath Bandapaddhaya was added as Opposite Party Nos.3 in the said Miscellaneous Case......esponding to RS Khatian No.605, RS Plot Nos.1353/1354/1355/1356/1357/1358 and 1365 for an area 5.17 acres out of 5.58 acres being demarcated. Since incorrect entries and non entry of the names of the plaintiffs in the said RS khatian and mala fide claim of interest in the suit land by the principle ..Category: Property Law | Date: | Hits: 115
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
.... in the country of export. It may be noted here that where an irrevocable credit is confirmed by an intermediary bank, the later assumes a direct liability to the seller and looks to the issuing bank for indemnity. Therefore, in a typical commercial credit and transaction, there are several types of......Bank, NA CHARLOTTE, NC, USADUTEX and his bank-Mercantile Bank Ltd. (Defendant no.8) on 23-06-2004 for an amount of US$ 3,24,818.40 decreasing quantity of ordered garments. Then, on 08-07-2004 made an amendment of the Master L.C. making an increase of US$ 1, 96,800.00 by adding to the left out quanti......11-2004 passed by learned Joint District Judge, first Court, Dhaka directing defendant Nos.8 and 9 to maintain status-quo in respect of payment under letter of credit as described in Schedule -'B' of plaint in Title Suit No.399 of 2004. 2. Material facts are that on 21-11-2004 plaintiff institute..Category: Business or Commercial Law | Date: | Hits: 365
....ersing those dated 26.10.1998 passed by the learned Assistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 o......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......sistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Na..
Category: Property Law | Date: | Hits: 66
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....ith T.M. Shakil Hasan, Advocates-For the Respondents. First Miscellaneous Appeal No.81 of 2005 F.M.A.T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (here......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......ous Appeal No.81 of 2005 F.M.A.T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directe..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
.... such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar, Borguna praying for declaration of title st......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......5 of 1998 should not be set aside and or pass such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
....6. Result: The Rule is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 ......he trial Court has legally exercised his discretion under section 151 CPC. Mr. Alam, the learned Advocate for the opposite party, also focuses his arguments very forcefully saying that after the last amendment of section 115 of CPC only when there is failure of justice, the High Court Division shoul......er Class Suit 22 of 1987 in the Court of Munsif, Shahzadpur, Serajganj for permanent injunction on the averments that Dilruba Cinema Hall is located at Shahzadpur town on the paternal property of the plaintiff. His only sister having delegated authority to the plaintiff he has been possessing the su..Category: Procedural Law | Date: | Hits: 82
Wahida Khan Vs. Shahar Banoo Ziwar Sultan and State, 1994, 23 CLC (HCD)
....e Station through Co-ordination and Control Cell on 5-2-79 stating that the present petitioner was her monthly tenant in House No.252, Road No.22, Dhanmondi R/A, Dhaka. While she was abroad (in Iran) for about 7 years the petitioner taking advantage of her absence from Bangladesh, created a false Ba......order to the civil Court immediately for expeditious disposal of Title Suit No.48 of 1973/6 of 1986. Send down the records at once. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 286. ......………………Petitioner Vs. Shahar Banoo Ziwar Sultan and State……………………Opposite Parties Judgment May 15, 1994. Result: The Rule is made absolute. The want of plaint under section 195 is incurable and the lack of it vitiates the whole trial.....................Category: Procedural Law | Date: | Hits: 71
Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....isdiction The judgment and decree of the Artha Rin Adalat cannot be interfered with invoking the writ jurisdiction under Article 102 of the Constitution, as there is an alternative provision for appeal against a judgment of the Artha Rin Adalat under the Ain, 2003………………………......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......5 was stayed for a period of 3 (three) months and subsequently it was extended till disposal of the Rule. 3. The facts leading to disposal of the Rule are briefly stated below: According to the plaint, the petitioner is a borrower of a loan of Tk. 21,19,830/- sanctioned by the respondent No.2,..Category: Civil Law | Date: | Hits: 254
Ibrahim Akand and others Vs. Securities and Exchange Commission and others, 2009, 38 CLC (HCD)
....ties and Exchange Commission (Mutual Fund) Rules, 2001 (in short, the Rules) prohibiting Mutual Funds to issue bonus or rights shares. On 20.6.2008, after a meeting of Respondent No.1 its spokesman informed the reporters that there would be some alterations in the SEC (Mutual Fund) Rules, 2001. One ......ossain J.- In this application under Article 102 of the Constitution of the People's Republic of Bangladesh, a Rule Nisi was issued calling upon the Respondent Nos.1 and 2 to show cause as to why the amendment of Rule 66 of the Securities and Exchange Commission (Mutual Fund) Rules, 2001 (Annexure-K......ble him to file CMP before the Appellate Division. The prayer is allowed and the operation of the Judgment is stayed for one (1) week. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 49. ..Category: Business or Commercial Law | Date: | Hits: 462
.... retirement on 31.12.2005 on completion of 57 years of age (Annexure-A) shall not be declared to have been passed and issued without any lawful authority and of no legal effect.
2. Facts necessary for disposal of the Rule in short are that the petitioner was appointed to the pot of "Sweepress" un......the BJMC Service Rules, 1990, as has been amended, governs the age limit of retirement of the official and employees of the BJMC not the workers. Thus the petitioner cannot take advantage of the said amendment of the Service Rules 1990. She further submits that unless the petitioner discloses that t......cted to pay the salary and other benefit to the petitioner in accordance with law.
10. However, there will be no order as to costs.
Ed.
This Case is also Reported in: 13 MLR (HCD) (2008) 19.
..
Category: Criminal Law | Date: | Hits: 143
Gopinath Das and others Vs. Government of Bangladesh & others, 2010, 39 CLC (HCD)
....g in question the Judgment and order dated 11.3.2008 passed by the joint district judge, 3rd Court, Dhaka in Misc. Case No.30 of 2007 under Order IX rule 13 of the Code of Civil Procedure ("the Code" for short) setting aside a decree passed ex parte in Title Suit No.724 of 1985. 2. The case, te......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......nd Arabinda K. Roy Assistant Attorney-General - For the Opposite Party No.1. Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district j..Category: Property Law | Date: | Hits: 149
Shah Alam (Md.) Vs. Bangladesh Water Development Board, 2012, 41 CLC (HCD)
....Akther; Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water Development Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate ......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water Development Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate -for the..Category: Civil Law | Date: | Hits: 195
Kazi Nurul Haque Vs. State, 1983, 12 CLC (HCD)
....his rule has arisen out of an order passed by the learned Additional Special Judge, Chittagong Division in Special Case No.46 of 1981 directing further investigation of the case. Facts necessary for disposal of the rule may be stated thus. 2. Accused petitioner has been tried under section......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ......ned to call for any witness and examine him under section 454C of the Code of Criminal Procedure. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 352. ..Category: Criminal Law | Date: | Hits: 70
Shaikh Obaidul Haq Vs. State & another, 1986, 15 CLC (HCD)
....Amin-Ur Rahman Khan J.- The petitioner being an accused in criminal Case No.572A of 1981 under section 420 of the Penal Code made this application under section 561A of the Code of Criminal Procedure for quashing the said criminal proceeding. 2. The petitioner also prayed for setting aside the or......n 420 of the Penal Code now pending in the Court of Chief Metropolitan Magistrate, Dhaka be quashed. Latifur Rahman, J.- I agree. Ed. This Case is also Reported in:38 DLR (HCD) (1986) 105. ......ubmitted further that in fact the petitioner had stopped payment only because of having his dues on commission settled before payment of the cheques. 3A. First of all we have to look into the complaint petition that was lodged by the opposite party in order to see whether the said complaint pet..Category: Criminal Law | Date: | Hits: 67
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....ndent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......tha Rin Adalat No.4, Dhaka (Shortly, the Adalat) for recovery of loan amounting to Taka 86,35,438.65 as on 31-3-2005. The petitioner appeared in that suit and filed an application for rejection the plaint under Order VII Rule 11 of the Code of Civil Procedure (in short, the Code) read with section..Category: Civil Law | Date: | Hits: 176
Sakya Pada Barua & others Vs. State and others, 1986, 15 CLC (HCD)
....23 of 1979 convicting accused petitioners Sakya Pada Barua, Fazlul Huq, Nurul Mostafa and Nurul Amin under section 364/34 of the Penal Code and sentencing each of them to suffer rigorous imprisonment for 7 years should not be set aside or such other or further order or orders pasted as to this Court......ill exist. The mere omission of the offences from the schedule cannot be intended to have the effect of destroying the rights and liabilities which arose under the Act. In view of the above, the amendment of the Special Powers Act by the Ordinance No. XL of 1977 did not have the effect of exc......orce unless contrary intention has been expressly stated in the amending or repealing legislation. The date of occurrence, the date of lodging of the F.I.R. or the date of receipt of the F.I.R. or complaint by the Sub-divisional Magistrate or the Upazila Magistrate or date of submission of charge ..Category: Criminal Law | Date: | Hits: 103
Moulana Ahmadullah Vs. State, 1986, 15 CLC (HCD)
....hairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Head Master and ex officio Secretary of Gariberchar High school the received for the School Tk. 40,070/- only from Government of Bangladesh as grant under different heads and ......as promulgated subsequently, that is, on 5.12.78 and it got its force on 30.1.79. The learned Advocate referred to section 4 of the Law Reforms Ordinance which provided that notwithstanding any amendment made by this Ordinance in the Code of Criminal Procedure, 1898 hereinafter referred to as ......Magistrate, First Class, Shariatpur in C.R. Case No.415 of 1977. 2. The complainant who is a Teacher cam-Member of the Managing Committee of Giriberchar High School of Goshairhat made a written complaint to the Sub-Divisional Magistrate, Shariatpur alleging that the accused respondent who was Hea..Category: Criminal Law | Date: | Hits: 104
Nayeem Mehtab Chowdhury Vs. State, 2010, 39 CLC (HCD)
....aw.………………(15) Nothing in section 173 of the Code of Criminal Procedure preclude further investigation in respect of an offence after a report under section 173 (1) of the Code has been forwarded to the Magistrate. The sub section (3B) of section 173 does not require any protest petiti...... granted at the time of issuance of the rule is hereby vacated. Send down the Lower Court Records. Communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 345. ......sion till submission of the police report. 3. The facts leading to the filing of this petition under 561A of the Code of Criminal Procedure (CrPC) briefly is that, one Mr. Todd M. Kiman filed a complaint petition on 16-4-2006 before the Court of learned Metropolitan Magistrate, Dhaka against the ..Category: Criminal Law | Date: | Hits: 124
Shitalakhaya Ice and Cold Storage Pvt. Ltd. Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
.... MLR (AD) 58 = 58 DLR (AD) 1; 38 DLR 172; 41 DLR 490; 17 DLR 191. Lawyers Involved: Moudud Ahmed, Senior Advocate with Raziuddin Ahmed - For the Petitioner. Kazi Rehan Nabi with Md. Lutfor Rahman, Advocates - For the Respondent No. 2. Writ Petition No. 3986 of 2010. Judgment ......t of this order positively and ensure the compliance to the Registrar of the Supreme Court without any fail. Communicate at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 487. ......e submits that this is not a fit case where interference under Order VII Rule 11 of the Code of Civil Procedure can be legally allowed. Only in the year 2008 the suit was filed by presentation of the plaint against which the petitioner did not even file a written statement but filed an application..Category: Civil Law | Date: | Hits: 108
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