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Amir Hossain Sowdagar Vs. Md. Harunur Rashid and others, 2013, 42 CLC (AD)
....ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ...... Md. A Wahhab Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Amir Hossain Sowdagar................................Appellant Vs. Md. Harunur Rashid and others......................Respondents Judgment February 20, 2013. Result: ......ismissed. The appeal is dismissed with the above modification of the judgment, without however, any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 130. ......;tion and arbitrarily rescinded the agreement. Defendant contested the suit denying the material averments made in the plaint and claimed that there was positive stipulation in the agreement that the plaintiff was required to pay the balance consideration amount within a period of 6(six) months for ..Category: Contract Law | Date: 20 Feb, 2013 | Hits: 42
Shamir Chandra Sajwal and others Vs. Government of Bangladesh, 2013, 42 CLC (HCD)
....no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......his Case is also Reported in: 18 BLC (HCD) (2013) 386. ......no order as to costs. Let a copy of the judgment along with the Lower Court's Record be sent down at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 386. ......nment of Bangladesh..................Defendant-Appellant Opposite party Judgment February 13, 2013. Result: The Rule is made absolute. The failure to cross examine the plaintiff’s witness to falsify the case of the plaintiffs or controvert the positive assertion..Category: Procedural Law | Date: 13 Feb, 2013 | Hits: 8
Asaduzzaman Shahid Khan Vs. National Tea Company Ltd and others, 2013, 42 CLC (HCD)
....ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ...... High Court Division (Statutory Original Jurisdiction) Present: Md. Rezaul Hasan J Asaduzzaman Shahid Khan......................Petitioner Vs. National Tea Company Ltd and others..............Respondents Judgment January 9, 2013. Result: The petiti......ost will be borne by the company: Let a copy of the order be send to the Registrar of the Joint Stock Companies arid Firms. Ed. This Case is also Reported in: 18 BLC (HCD) (2013)110. ......ting could not be held and election of director could not take place on 5-8-2011. But the validity of the order of injunction passed in Title Suit No.3198 of 2011 was not further extended, rather the plaintiff Syed Bazlul Karlm has withdrawn the suit on 13.08.2012 and by a letter dated 26-1-2012 he ..Category: Company Law | Date: 9 Jan, 2013 | Hits: 13
Gulf Air Company GSC and another Vs. Travel Trade Ltd. and others, 2013, 42 CLC (AD)
....09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ...... Md. Muzammel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmunara Sultana J Syed Mahmud Hossain J Muhammad Imman Ali J Gulf Air Company GSC and another ....................Petitioners Vs. Travel Trade Ltd. and others...................09 of 2012 pending before him on merit positively within three weeks from the date of receipt of this judgment. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 156. ...... application filed by Respondent No.1, herein under section 115 (1) of the Code of Civil Procedure. 2. Facts necessary for disposal of this application are as follows: Respondent No.1 as plaintiff (hereinafter referred to as the plaintiff) filed Title Suit No.565 of 2012 in the Court o..Category: Procedural Law | Date: 4 Jan, 2013 | Hits: 8
....e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
......yed Mahmud Hossain J
Md. Imman Ali J
Ramala Khatun & another........................................Petitioners
Vs.
Baitul Aman Co-operative Housing Society Ltd. and others.......Respondents (In Civil Petition No.928 with 1041 of 2009)
Judgment
Decembe......e of receipt of the copy of this judgment. The trial Court is directed to dispose of the suit as expeditiously as possible.
Ed.
This Case is also Reported in: 18 BLC (AD) (2013) 104.
...... and common question of law being involved, they have been heard together and are disposed of by this common judgment.
2. The petitioners of Civil Petition for Leave to Appeal No. 928 of 2009 as plaintiffs filed Title Suit No.285 of 1984 (name of the Court not available from the record) against..
Category: Procedural Law | Date: 5 Dec, 2012 | Hits: 75
Abdul Mannan Bhuiyan & others Vs. Md. Nasir Hossain, 2012, 41 CLC (AD)
....facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......……………………………......Respondents Judgment December 2, 2012. Result: This civil petition for leave to appeal is dismissed. The SA and RS records are not an evidence of title and a registered document will prevail upon the records ......facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 44. ......First Court, Narayanganj in Title Suit No.84 of 1998 decreeing the suit. 2. The facts giving rise to this civil petition for leave to appeal, in short, are:— The petitioners herein as the plaintiffs instituted Title Suit No.84 of 1998 against the defendants in the First Court of Joint Di..Category: Property Law | Date: 2 Dec, 2012 | Hits: 35
Bengal Techno Leather Ltd Vs. Islami Bank Bangladesh Ltd, 2012, 41 CLC (HCD)
....defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......nt Judgment November 28, 2012 Result: The petition is rejected. Code of Civil Procedure, 1908; Section 15 Order XXXVII Specific Suits upon Bill Of Exchange, Hundis and Promissory Notes- Suits on these types of matters have been classified as a different cate......defend the suit (by filing written statement, supported by affidavit within 17-1-2013). Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 179 ......echno Leather Consult Ltd. Vs. Bangladesh, reported in 2005 BCR 133, in support of his contention. 3. The learned Advocates Mr. Foyej Ahmed along with Mr. Mohammad Mohid Uddin, appearing for the plaintiff, on the other hand, submits that the case reported in 2005 BCR 133 is liable to be disting..Category: Administrative Law | Date: 28 Nov, 2012 | Hits: 5
Birendra Nath Roy Vs. Rupali Bank Ltd, 2012, 41 CLC (HCD)
.... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......n end with the issuance of a certificate under section 33 (5) of the Artha Rin Adalat Ain, 2003. Rather it remains alive till the possession of the property alleged to have been sold in auction, was handed over to the auction purchaser. .................... (17) Cases Referred to- ...... Rin Adalat concerned is directed to proceed with the Artha Execution Case No.111 of 2005 expeditiously in accordance with law. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 118. ......ase No.111 of 2005 should not be set aside. 2. Material facts of the case, briefly, are that the opposite-party No.1, Rupali Bank Ltd represented by the Manager, Manasa Bazar Branch, Bagerhat as plaintiff instituted Artha Rin Case No.23 of 2001 before Artha Rin Adalat No.1, Bagerhat for recover..Category: Civil Law | Date: 21 Nov, 2012 | Hits: 7
Maleka Khatun Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......n (Special Original Jurisdiction) Present: Mohammad Bazlur Rahman J Md. Ruhul Quddus J Maleka Khatun………..................Petitioner Vs. Bangladesh and others ………...Respondents Judgment November 18, 2012. Result: The Rule ......ates to the writ petitioner is declared to have been issued without lawful authority and is of no legal effect. Mohammad Bazlur Rahman J.- I agree. Ed. This Case is also Reported in: ......ucted a few semi pucca rooms on the portion of land under his possession. 3. The Additional Deputy Commissioner (Revenue), Dhaka and an organization named Gendaria Kishaloya Kochi Kacher Mela as plaintiffs instituted Title Suit No.73 of 1995 before the Assistant Judge, 6th Court, Dhaka challeng..Category: Property Law | Date: 18 Nov, 2012 | Hits: 133
Shamsul Kabir Humayun Reza Vs. Anwarul Hasan and Others, 2012, 41 CLC (AD)
....etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ...... Miah J Nazmun Ara Sultana J Syed Mahmud Hossain J Md. Imman Ali J Shamsul Kabir Humayun Reza………………Petitioner Vs. Anwarul Hasan and Others……………………Respondents (In Civil Peti......etter for the inhabitants of Dhaka City." We find no merits in the petitions. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 37. ...... this single judgment. 3. Facts giving rise to these petitions are as follows: "Respondent Nos.1-5 of Civil Petition for Leave to Appeal (CP) Nos.2199 of 2011 and 1672 of 2011 as plaintiffs filed Title Suit No.81 of 2006 in the First Court of Joint District Judge, Dhaka impleadi..Category: Evidence Law, Property Law | Date: 12 Nov, 2012 | Hits: 37
....he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......his Case is also Reported in: 21 BLT (HCD) (2013) 51.
......he Court concerned immediately for information and necessary action.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 51.
......ct Judge, 1st Court, Barisal in Title Suit No.88 of 2003 should not be set aside.
2. The facts leading to the issuance of the Rule in a nutshell can be stated thus, the present petitioners being plaintiffs filed a Title Suit being No.183 of 1982 in the 1st Court of Subordinate Judge, Barisal al..
Category: Civil Law | Date: 8 Nov, 2012 | Hits: 4
Mosharef Hossain (Md.) Vs. Bangladesh and others, 2012, 41 CLC (HCD)
....o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......ision (Special Original Jurisdiction) Present: Md. Ashfaqul Islam J Md. Badrazzaman J Mosharef Hossain (Md.).............................Petitioner Vs. Bangladesh and others..........................Respondents Judgment November......o satisfy the Adalat as early as possible then the executing Court will proceed in accordance with law. Communicate at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 81 ......ithout lawful authority and is of no legal effect. 2. The background leading to the Rule, in short, is that the respondent No.3—Islami Bank Bangladesh Limited. Bhola Branch on 20-5-2007 as plaintiff filed a suit before the Joint district Judge and Artha Rin Adalat, Bhola (hereinafter refe..Category: Property Law | Date: 7 Nov, 2012 | Hits: 8
Khan Matarhar and another Vs. Nirmalendu Mondal and others, 2012, 41 CLC (AD)
....before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ......ellate Division (Civil) Present: Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Nazmun Ara Sultana J Muhammad Imrnan Ali J Md. Shamsul Huda J Khan Matarhar and another..........................Petitioners Vs. Nirmalendu Mondal and others..............before the appellate court below for getting an opportunity to prove their claim. Hence this leave petition is dismissed. Ed. This Case is also Reported in: 18 MLR (AD) (2013) 92. ...... Petition for leave to appeal has been directed against the judgment and order dated 14.01.2009 passed by the High Court Division in Civil Revision No.6944 of 2001 discharging the rule. 2. The plaintiff-respondent Nos.1 to 5 filed Title Suit No.77 of 1998 in the court of Senior Assistant Jud..Category: Property Law | Date: 18 Oct, 2012 | Hits: 4
Mayor, Dhaka City Corporation Vs. Dhaka Metropolitan Rickshaw Samity, 2012, 41 CLC (HCD)
....ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......sh;For the Petitioners. Civil Revision No. 2272 of 2000. Judgment Md. Moinul Islam Chowdhury J. — At the instance of the defendant-petitioners, Mayor, Dhaka City Corporation and others, this Rule has been issued calling upon the opposite party to show cause as to why t......ion North and South and (5) the Inspector General of Police immediately on their appropriate addresses. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 518. ......pplication under Order VII, rule 11 of the Code of Civil Procedure for rejection of plaint. 3. The relevant facts for disposal of the Rule, inter alia, are that the present opposite party as the plaintiff filed the Title Suit No. 321 of 1999 in the 4th Court of Assistant Judge, Dhaka for a decr..Category: Administrative Law, Civil Law | Date: 17 Oct, 2012 | Hits: 3
Ibrahim (Md.) Vs. Government of the Peoples Republic of Bangladesh & others, 2012, 41 CLC (HCD)
....findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......he People's Republic of Bangladesh calling upon the respondents to show cause as to why the holding of the imported duty paid goods covered under Letter of Credit No. 209610010034 dated 18-3-2010 and B/E No.C137775 dated 19-10-2010 and B/E No.C63728 dated 23-5-2010, Bill of Lading No.S00005349 d......findings, we do not find any excellence in this Rule. In the result, the Rule is discharged. There is no order as to cost. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 415. ......cluding any lien. The facts as emerged from the foreign judgment (Annexure-3 to the Affidavit-in-opposition by respondent No.6), establish that the litigation is amongst Australian litigants and that plaintiff has undertaken to pay into Court on account of freight and other charges. It is submitted ..Category: Admiralty Law or Maritime Law | Date: 16 Oct, 2012 | Hits: 9
Government of Bangladesh and others Vs. Mrs. Mohsina Rahman alias Joya, 2012, 41 CLC (AD)
....ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ...... This Case is also Reported in: ......ecord with a copy of this judgment and order to the court concerned and another copy of the judgment and order to the Deputy Commissioner, Dhaka immediately. Ed. This Case is also Reported in: ......d in Title Suit No.191 of 2005 by the learned Senior Assistant Judge, Dohar Court, Dhaka dismissing the suit. 3. The relevant facts for disposal of this Rule are that the present opposite party as plaintiff, Mrs. Mohsina Rahman alias Joya, filed the Title Suit No.6 of 2005 in the Court of learned..Category: Property Law | Date: 15 Oct, 2012 | Hits: 191
Entaj Ali (Md.) Vs. Md. Numl Haque & others, 2012, 41 CLC (HCD)
....hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......r 11, 2012. Result: The Rule is discharged. The revisional power of the High Court Division is a supervisory power which may also be exercised suo motu. Since the Rule is of 1987, and the matter is pending for hearing more then 26 years, it is very unfortunate for ends of justice......hs from the date of receipt of this judgment without any fail. Communicate this judgment and order to the Court concerned. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 233. ......er complained of in the petition moved in Court today 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 petitioner as plaintiffs instituted a Title Suit being No.17 of 1985 in the Court of Upazila Munsiff Debigonj, Dis..Category: Civil Law | Date: 11 Oct, 2012 | Hits: 3
....The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......(Civil Revisional Jurisdiction)
Present:
Shahidul Islam J
Government of the People's Republic of Bangladesh.......Defendant Respondent-Petitioner
Vs.
Dr. Prodip Kumar Roy and others…………………Plaintiffs
Judgment
Oct......The order of statue quo granted by this Court stands vacated.
The office is directed to send the lower Court's record.
Ed.
This Case is also Reported in: 18 BLC (HCD) (2013) 231.
......tioner.
AJ Mohammad Ali with Md. Furuque Ahanmed—For the Opposite-Parties.
Civil Revision No.2115 of 2005.
Judgment
Shahidul Islam J.- The Rule was issued calling upon the plaintiff opposite-parties to show cause as to why the judgment and decree dated 17-2-2005 and 24-2-..
Category: Property Law | Date: 7 Oct, 2012 | Hits: 5
Motaher Hossen Vs. Bangladesh Commerce Bank Limited and others, 2012, 41 CLC (HCD)
....nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......Hasan J Motaher Hossen……………………………...........................Petitioner Vs. Bangladesh Commerce Bank Limited and others………...Respondents Judgment October 2, 2012. Result: ......nt of the bodies to complete the process of IPO is hereby deleted, in consequence. Cost will be borne by the company. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 393. ......M. Certified copies of the plaint and photocopy of notice of the 13th AGM has been annexed to this application as Annexures-B and BI respectively; that in the plaint of Title Suit No.189 of 2011, the plaintiff, prayed for a declaration that the notice of the 13th AGM published on 21-7-2011 in the Fi..Category: Company Law | Date: 2 Oct, 2012 | Hits: 14
.... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......n
(Criminal Appellate Jurisdiction)
Present:
Soumendra Sarker J
Jnanendra Nath Barai ..................Plaintiff- Petitioner
Vs.
The Secretary, Ministry of Law, Justice and Parliamentary Affairs and
others.......................Defendant-Opposite Parties
Judg...... at-once to the court concerned for information and necessary action.
33. Send back the Lower Court's Record immediately.
Ed.
This Case is also Reported in: 21 BLT (HCD) (2013) 3
......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 facts leading to the issuance of the Rule, in brief, can be stated thus, the plaintiff-respondent-petitioner instituted a Title Suit being No.455 of 1978 in the Court of learned..
Category: Constitutional Law, Employment/Service Law | Date: 8 Aug, 2012 | Hits: 3
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