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Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)

....d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61....... High Court Division (Civil Revisional Jurisdiction) Present: Ranadhir Sen J Amin-ur-Rahman Khan J Nitai Ch. Shaha ……………Petitioners (In Civil Revision No. 4 of 1981) Umananda Shaha ……………Petitioners (In Civil Revision No. 233 of 1981) Vs. M/s. City Ice an......d Subordinate Judge are set aside and the plaintiff opposite party's petitions for amendment are rejected. Ranadhir Sen J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 61....... Judgment Amin-ur-Rahman Khan J.- These two Rules were obtained by Nitai Chand Saha and his younger brother Umananda Saha who figured as defendant No.1 respectively in the two suits brought by the plaintiff opposite party for specific performance of an alleged con­tract. The Rules are directed a..

Category: Civil Law | Date: | Hits: 132

Matira Bewa & others Vs. Sree Sudhir Chandra Saha & others, 1982, 11 CLC (HCD)

....d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ...... High Court Division (Civil Appellate Jurisdiction) Present: Chowdhury ATM Masud J Md. Altaf Hosain J Matira Bewa & others…………………Appellants Vs. Sree Sudhir Chandra Saha & others…………………Respondents Judgment February 10, 1982. Result......d those of the Courts below are restored, upheld and affirmed. There will be no order as to costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 56. ...... in the 1st Court of Munsif, Gaibandha, against Jan Mamud Sarker for a declaration that a kabulyat dated 17 Chaitra, 1362 B.S. corresponding to 31st March, 1956 executed by Jan Mamud is favour of the plaintiffs in respect of the suit lands is null and void and for recovery of possession of Schedule ..

Category: Property Law | Date: | Hits: 146

Agrani Bank, Janna Branch, Manikganj Vs. AFM Emamul Huq, 1998, 27 CLC (HCD)

....within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......…..Appellant Vs. AFM Emamul Huq………………Respondent Judgment January 7, 1998. Result: The appeal is allowed. Case Referred To- Managing Director, Rupali Bank limited and others Vs. Tafazal Hossain and others, 44 DLR (AD) 260. Lawyers Involved: Khondker AM Mohs......within 6(six) months from the date of receipt of the lower Court records from this Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 173.......ed Subordinate Judge converted the money suit into Artha Rin Adalat Suit and registered it as Artha Rin Adalat suit No.34 of 1990 suo moto and then he disposed of the suit by dismissing the same. The plaintiff appellant on being aggrieved by and dissatisfied with the judgment and decree of dismissal..

Category: Civil Law | Date: | Hits: 202

Monwar Ali Vs. Dhaka Club Ltd. & others, 1996, 25 CLC (HCD)

....28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ...... 11, 1996. Result: The Rule is discharged. Cases Referred to- Md. Delwar Hossain Khan Vs. Dhaka Club Limited, Miscellaneous Appeal No.209 of 1995; Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 45 DLR 753; Secretary, Dhaka Club Ltd. Vs. Mustafa Jamal, 31 DLR 387. Lawyers Involve......28.2.96 is hereby vacated. No order as to­ costs. The office is directed to send a copy of this order to the trial Court at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 492. ......hip of the club by a letter dated 26.7.95. So he has filed the suit for a declaration that the order of expulsion of the petitioner is illegal. 3. The case of the defendant is that on 22.6.95, the plaintiff‑petitioner got a couple of tickets to participate in Monsoon Ball night of the club, hel..

Category: Civil Law | Date: | Hits: 110

Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)

....d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11....... This Case is also Reported in: 35 DLR (HCD) (1983) 11.......d circums­tances of the case we direct the parties to bear their respective costs up to this stage. Amin-Ur-Rahman Khan J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 11.......th Abdul Baset Majumder - For the appellants. M.A. Mannan - For the respondents. Appeal from Original Decree No.45 of 1977. Judgment Ranadhir Sen J.- This appeal at the ins­tance of the plaintiffs is directed against a Judgment and decree of the learned Subordi­nate Judge in a suit fo..

Category: Property Law | Date: | Hits: 93

Ansarul Huque Vs. Agrani Bank, 1996, 25 CLC (HCD)

....tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......‘ For the Opposite Party. Abdul Wadud Bhuiyan, Advocate - Amicus Curiae. Civil Revision Nos.1007‑1009 of 1995. Judgment Md. Abdul Karim J.- Civil Revision Nos.1007 of 1995, 1008 of 1995 and 1009 of 1995 are directed against the orders dated 30‑8‑94 passed by the learned Subordinate......tiously as possible preferably within three months from the date of receipt of the Judgment. Our order dated 12‑2‑96 is recalled. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 479. ......ear both sides again and, at our request, Mr. Abdul Wadud Bhuiyan, learned Additional Attorney‑General, appeared to assist the Court as amicus curiae. Short facts of the Revision Cases are, that plaintiff‑petitioner Ansarul Hoque filed these three suits against defendant‑opposite party Agra..

Category: Civil Law | Date: | Hits: 87

SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)

....6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51....... This Case is also Reported in: 16 BLC (HCD) (2011) 51.......6-2005 and status-quo dated 7-5-2008 granted earlier by this Court stand vacated. Office is directed to send down the record at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 51....... Advocates - For the Opposite Party No.1. No one appears - For the Opposite Party Nos.2-3. Civil Revision No. 2166 of 2005. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of plaintiff petitioners calls in question the legality and propriety of the judgment and order dated 1..

Category: Civil Law | Date: | Hits: 111

Asgar Ali Mia and others Vs. Bangladesh and others, 2010, 39 CLC (HCD)

.... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37.......is Case is also Reported in: 16 BLC (HCD) (2011) 37....... (F) of 2004 is disposed of accordingly. However, there will be no order as to costs. Sent down the lower Court's records at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 37....... against the judgment and decree dated 21-3-2004 passed by the learned Joint District Judge, Additional Court, Narayanganj, in Title Suit No.10 of 2001 dismissing the suit. 2. The appellants being plaintiffs filed Title suit No.207 of 1997 in the Court of learned Subordinate Judge, 2nd Court, Nar..

Category: Property Law | Date: | Hits: 147

Ayezuddin Sheikh & others Vs. Abdul Karim Sheikh & others, 1989, 18 CLC (HCD)

....oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......vocate—For the Op­posite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Shamsher Ali, Subordinate Judge, Kushtia in Misc. Appeal ......oncerned. In the facts and circumstance of the case, there will be no order as to costs. Let the records be sent down immediately. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 154. ......ate—For the Pe­titioners. Gazi Siddique Ahmed, Advocate—For the Op­posite Parties. Civil Revision No.74 of 1986. Judgment Muhammad Ansar J. - The Rule issued at the instance of the plaintiff-petitioners is directed against the judgment and order dated 28.12.85 passed by Mr. Md. Sh..

Category: Procedural Law | Date: | Hits: 174

Tara Mohan Barman Vs. Ananda Mohan Barman & others, 1995, 24 CLC (HCD)

....tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......ted in: 48 DLR (HCD) (1996) 226. ......tay order granted earlier by this Court is hereby vacated. Send down the records to the Court below at once. No order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 226. ......he entire 8 annas share of his father. The CS khatian was correctly recorded accordingly in the name of Darika Nath, Girish Chandra and Sukmon. Darika Nath died leaving his son Tara Mohan Barman (the plaintiff) as his only son. Girish Chandra died leaving his heirs in defendants 1‑7. The said Sukm..

Category: Property Law | Date: | Hits: 123

Abdul Ghani Khan Vs. Abdul Rashid Khan & others, 1989, 18 CLC (HCD)

....ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is de­creed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ......er Vs. Abdul Rashid Khan & others .............Opposite Parties Judgment June 22, 1989. Result: The rule is made absolute. Cases Referred to- M/s. A. Haque and Co. & another Vs. Alhaj Zakir Hossain, 40 DLR (AD) 109; M/s. Binning & Co. (Bangla-desk)......ade absolute. The judgment and decree passed by the learned Small Cause Court Judge are set aside and the suit is de­creed. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 147. ...... by the learned Assistant Judge and Small Cause Court Judge in Small Causes Court Suit No.6 of 1984. 2. The facts relevant for the purpose of dispo­sal of the Rule are that the petitioner as plaintiff in­stituted the suit against the opposite parties as defen­dants for ejectment, re..

Category: Tenancy Law | Date: | Hits: 214

Ahmed Silk Mills Ltd. Vs. Bangladesh Shilpa Bank, 1989, 18 CLC (HCD)

....ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......vision No.607 of 1985. Judgment Md. Mozammel Hoque J. - In this Rule issued under section 115 of the Code of Civil Procedure the opposite party was directed to show cause as to why the judgment and order dated 25.8.85 passed in Miscellaneous Case No.66 of 1985 by the Com­mercial Court No.II a......ustice and as such it does not call for any interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 140. ......se No.66 of 1985 by the Com­mercial Court No.II and Subordinate Judge, Dhaka rejecting an application under section 10 C.P.C. should not be set aside. 2. Facts in short are that the petitioner as plaintiff instituted Title Suit No.356 of 1984 (pre­viously T.S. No.14 of 1981) against the opposit..

Category: Civil Law | Date: | Hits: 119

Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)

....opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......Case is also Reported in: 48 DLR (HCD) (1996) 472. ......opposite party No.1 has failed to prove his case on merits and, as such, the suit is dismissed. There will be no order as to cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 472. ......‑1989) passed by the Senior Assistant Judge, Sadar Upazila, District Rajshahi in the other class suit No.233 of 1986 dismissing the suit on contest without costs. 2. The opposite party herein as plaintiff instituted the instant suit being other class suit No.133 of 1986 in the Court of the lear..

Category: Employment/Service Law | Date: | Hits: 166

Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)

....e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ...... (1996) 470. ......e impugned order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka in Title Suit No.118 of 1996 is set aside Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 470. ......st an order dated 6‑6‑96 passed by the learned Subordinate Judge, 2nd Court, Dhaka, in Title Suit No.118 of 1996. 2. Opposite party Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity Ltd. as plaintiffs have instituted the aforesaid title suit against the defendants‑petitioners the "Daily ..

Category: Civil Law | Date: | Hits: 169

Md. Nurul Islam Vs. Nur Ayesha Begum, 2007, 36 CLC (HCD)

....'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......ul J Md. Nurul Islam………………. Petitioner Vs. Nur Ayesha Begum........... Opposite-Parties Judgment May 31, 2007. Result: The Rule is discharged. The impugned judgment and decree passed by the appellate Court is upheld with modification. Lawyers Involved: No one......'s records at once along with a copy of this judgment to the Courts below for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 10; 7 LG (HCD) (2010) 300. ......-1993 passed by the Family Court and Assistant Judge, 1st Court, Patiya, Chittagong in Family Suit No.46 of 1992 should not be set aside. 2. Plaintiff case, in short, is that the opposite party as plaintiff instituted Family Suit No.46 of 1992 in the Family Court and Assistant Judge, 1st Court, P..

Category: Family Law | Date: | Hits: 202

Assistant General Manager, Rupali Bank, Barisal & others Vs. Nazrul Islam Miah, 1986, 15 CLC (HCD)

....erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......s. Nazrul Islam Miah……………………………………………Respondent Judgment May 25, 1986. Result: The rule is dis­charged. Cases Referred to- Abdul Hannan Sikder and others Vs. Bangla­desh Bank & others, 31 DLR (AD) 298; Bangladesh Freedom Figh­ters Welfar......erfere with the impugned Judgment and decree of the Courts below. Accordingly, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 167. ......cree passed by the learned Subordinate Judge 1st Court, Barisal in Title Appeal No. 59 of 1985 affirming those of the learned Munsif, 1st Court, Barisal passed in Title Suit No.64o of 1984. 2. The plaintiff opposite party Nos.1-11 instituted the suit for a declaration that the order of terminatio..

Category: Labour and Industrial Law | Date: | Hits: 186

Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)

....ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ......is Case is also Reported in: 44 DLR (HCD) (1992) 514. ......ly discharged without any order as to costs. The connected rule being Civil Rule No.70 (R)/90 is disposed of as being infructuous. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 514. ...... in title Appeal No.75 of 1989 affirming the judgment and order dated 18.3.89 passed by the Subotdiuate Judge, Natore in Other Class Suit No.45 of 1988 should not be set aside. 2. It appears that the plaintiff appellant petitioner instituted other suit No.45 of 1988 for declaration of title in the s..

Category: Procedural Law | Date: | Hits: 130

Abdul Aziz & others Vs. Mejahid Ali and others, 1991, 20 CLC (HCD)

....t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ......11. ......t Sylhet on 25.4.66 in Title Appeal No.158 of 1954 are upheld and the Second Appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 511. ...... setting aside those passed by the Munsif, First Court, Sylhet in Title Suit No.567 of 1946 on 31.3.54. 2. The present appellants were defendants in the trial court and the respondents were the plaintiffs. 3. The plaintiffs brought the suit for a declaration of their easement right of pa..

Category: Civil Law | Date: | Hits: 147

Rezaul Karim Vs. Jahanara Begum, 1991, 20 CLC (HCD)

....eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508....... ABM Nurul Islam with Nowab Ali Molla, Advocate - For the opposite party. Civil Revision No. 887 of 1990. Judgment Syed Fazle Ahmed J.- This Rule calls in question the legality and propriety of the order dated 11.4.90 passed by the 1st court of Assistant Judge, Dhaka rejecting......eipt of this order by the trial court. In the result, the Rule is disposed of as indicated above. I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 508....... under name and style M/s "(Arkay’s Electronics)". Petitioner followed the terms and conditions of the lease deed in letter and spirit. At the time of execution of the said lease deed dated, 1.5.81.plaintiff opposite party promised to register the lease deed at a convenient time. Defendant believe..

Category: Property Law | Date: | Hits: 112

Duree Shahwar Begum Vs. Ali Ahmed Patwari, 1995, 24 CLC (HCD)

....ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... absolute. Cases Referred to- Kokarmal Gurudayal Vs. Sagarmal Bengani, AIR 1972 (Calcutta) 430; Mohan Lal Vs. Om Prakash, AIR 1989 (Rajasthan) 132; Allied Bank of Pakistan Ltd. Vs. VC Khilnani and 2 others, PLD 1984 (Karachi) 127 (131); Fine Textile Mills Ltd. Karachi Vs. Haji Umar, 15 DLR (S......ication under Order 37 rule 4 CPC after re‑hearing. Communicate this order and send down the records to the Court below at once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 222. ...... Md. Abdus Sobhan with Md. Ahsanullah Chowdhury, Advocates ‑ For the Opposite Party. Civil Revision No.2735 of 1994. Judgment Md. Ansar Ali J.- This Rule comes out of application by the plaintiff petitioner under section 115(1) of the Code of Civil Procedure and is directed against an ..

Category: Procedural Law | Date: | Hits: 125