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Selimuzzaman @ Selim and others Vs. Deputy Commissioner, Sar­iatpur, District Sariatpur and others, 1992, 21 CLC (HCD)

....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545.......s Case is also Reported in: 44 DLR (HCD) (1992) 545.......ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 545.......District Sariatpur, dismissing the Title Execution Case No.23 of 1989 should not be set aside. 2. The following facts require special consideration for the purpose of disposal of this Rule. The plaintiffs instituted Title Suit No.27 of 1987 in the court of the learned Assistant Judge, Naria Up..

Category: Property Law | Date: | Hits: 123

Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)

....on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ......Court Division (Civil Appellate Jurisdiction) Present: Mohammad Ismailuddin Sarker J Badrul Islam Chowdhury J Padmabati Biswas………………………Appellant Vs. Banglasdesh and others ………………………Respondents Judgment June 28, 1992. Result: The ap......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. .......43‑51. 21. The learned Subordinate Judge framed 5 issues and 2 more additional issues and on considering the evidence on record came to the finding that the government, which was treated as the plaintiff in the suit, had no right, title and possession over any portion of the suit land, that de..

Category: Property Law | Date: | Hits: 118

Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)

....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......High Court Division (Comilla Bench) (Second Appellate Jurisdiction) Present: Nurul Huque Bhuiyan J Jagendra Lal Poddar.....................................Appellant Vs. Naresh Chandra Poddar and others.................Respondent Judgment April 4, 1985. Result: The ......r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......t and decree of the learned Subordinate Judge, 3rd Court, Comilla passed in Title Appeal No.90 of 1977 affirming those of the learned Munsif, First Court, Chandpur in Title Suit No.25/1973. 2. The plaintiff instituted the suit on the allegations that the suit land and the structures thereon belon..

Category: Property Law | Date: | Hits: 111

Principal, Barguna Darul Ulum Nesaria Alia Madrasha Vs. Secretary, Ministry of Health and others, 2002, 31 CLC (HCD)

....py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......nt: AKM Shafiuddin J Principal, Barguna Darul Ulum Nesaria Alia Madrasha……………………….Petitioner Vs. Secretary, Ministry of Health, represented by the Civil Surgeon Barguna and others……………………………………………………Opposite Parties Judgment ......py of this judgment and order be communicated to the learned Senior Assistant Judge, Barguna for his information and necessary action. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 542.......and order No.27, dated 30‑5‑99, passed by the learned Senior Assistant Judge, Barguna in Title Suit No.55 of 1997. The Secretary, Ministry of Health, represented by the Civil Surgeon, Barguna, as plaintiff, instituted the Suit. In this civil revision he is the opposite party No.1. The Principal,..

Category: Procedural Law | Date: | Hits: 146

Mohiuddin Ahmed and others Vs. Government of Bangla­desh and others, 2011, 40 CLC (HCD)

....r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......ase is also Reported in: 63 DLR (HCD) (2011) 504.......r as to costs. The order of stay granted earlier by this Court is vacated. Send a copy of this Judgment to the trial Court below. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 504.......nt-petitioners under Order 7 rule 11 read with sections 11 and 151 of the Code of Civil Procedure should not be set-aside. 2. The relevant facts of this case are that the present opposite party as plaintiff instituted the Title Suit No.120 of 2004 impleading the petitioners as defendants in the C..

Category: Property Law | Date: | Hits: 121

GSH Jamal Vs. Surraiya Jabeen and others, 2010, 39 CLC (HCD)

....9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......gh Court Division (Civil Appellate Jurisdiction) Present: Mirza Hussain Haider J Abu Zafor Siddique J GSH Jamal………………………Defendant-Appellant Vs. Surraiya Jabeen and others……………………Plaintiff-Respondents Judgment June 10, 2010. Result: ......9 is hereby discharged. The ad interim order granted earlier in the Rule is also vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 493.......udgment and decree dated 23-9-2008, passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.40 of 2005 (Originally Title Suit No.135 of 2003) decreeing the suit in favour of the plaintiff-landlord, holding that the defendant tenant is a defaulter and, as such, he is liable to b..

Category: Tenancy Law | Date: | Hits: 190

Additional Deputy Commissioner (Rev.) Rangpur and another Vs. Amir Husain and others, 2012, 41 CLC (AD)

....h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:......mmel Hossain CJ Surendra Kumar Sinha J Md. Abdul Wahhab Miah J Madam Justice Nazmun Ara Sultana J Muhammad Imman Ali J Additional Deputy Commissioner (Rev.) Rangpur and another.......Petitioners Vs. Amir Husain and others......................................h the impugned judgment and order passed by the High Court Division is liable to be set aside”. Preparation of paper book, as prayed for, is dispensed with. This Case is also Reported in:...... directed against the judgment and order dated 07.11.2010 passed by a Division Bench of the High Court Division in Civil Revision No.3939 of 2007 in making the Rule absolute. 2. The case of the plaintiffs, in brief, is that admittedly the suit property belonged to Champa Debi and others; that ..

Category: Property Law | Date: | Hits: 181

Administrative Officer, Hou­sing Settlement, Chittagong & others Vs. Abdur Rashid Chowdhury and others, 2011, 40 CLC (HCD)

....et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479....... Present: Shahidul Islam J Md. Rais Uddin J Administrative Officer, Hou­sing Settlement, Chittagong & others……………….Defendant-Appellants Vs. Abdur Rashid Chowdhury and others................Respondents Judgment May 10, 2011. Result: The appeal is allow......et aside. The suit is dismissed without any order as to costs. The office is directed to send down the lower Court's record at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 479....... District Judge-in-charge, 2nd Court, Chittagong in Other Class Suit No.143 of 2001 decreeing the suit against the defendant No.7 and 8 on contest and ex parte against the rest and declaring that the plaintiff respondent Nos. 1-17 are entitled to get lease of the plot/property in their favour with t..

Category: Property Law | Date: | Hits: 118

Abu Bashar (Md.) and others Vs. Md. Raja Meah and others, 2010, 39 CLC (HCD)

.... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ...... The order of stay passed at the time of the issuance of the rule is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 454. ......ali Department of Barman Islamia Senior Madrasha since October, 1987. The Governing Body of the Madrasha dis­missed him from service on 8-10-1989 and there­after the decree holder opposite party as plaintiff instituted other Class Suit No.62 of 1989 in the Court of Assistant Judge, Chandanaish, Ch..

Category: Civil Law | Date: | Hits: 166

Dr. Md. Rahmat Ali Vs. State, 2011, 40 CLC (HCD)

....er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......or the State. Criminal Revision No.1062 of 2007. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the Deputy Commissioner, Dinajpur, to show cause as to why the judgment and order Dated 12-8-2007 passed by the learned Special Sessions Judge, Dinajpur in Criminal Appeal ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ......er is discharged from his bail bond. Send down the lower Courts record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 452. ..

Category: Criminal Law | Date: | Hits: 87

Rehanuddin & others Vs. Abdul Hakim Maser and others, 1986, 15 CLC (HCD)

....cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......Comillah Bench) (Civil Revisional Jurisdiction) Present: Nurul Huque Bhuiyan J Rehanuddin & others………………………………………Petitioners Vs. Abdul Hakim Maser and others…………………….Opposite-Parties Judgment September 14, 1986. Result: ......cted to hear and dispose of the application under section 151 C.P.C. on merits after giving the parties opportunity to adduce evidence. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 21.......l Procedure for vacating the order dated 20.09.1978 accepting the Advocate Commissioner's Report. 2. The facts relevant for the purposes of disposal of the rule are that the opposite party No.2 as plaintiff instituted the suit against the petitioners (defendants Nos.24, 25 and 56) opposite party ..

Category: Procedural Law | Date: | Hits: 106

Abdul Mannan and others Vs. Government of the Peo­ple's Republic of Bangladesh & others, 1986, 15 CLC (HCD)

....i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......his Case is also Reported in: 39 DLR (HCD) (1987) 19. ......i­nable. In the result, the Rule is made absolute without any order as to costs and the orders of the Courts below are set aside. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 19. ......r in respect of the suit pro­perty at the instance of the defendant No.11. 2. The facts relevant for the purpose of disposal of the Rule are that Jainal Abedin, predecessor of the petitioners, as plaintiff instituted the suit against the opposite par­ties 1-10 as defendants for a declaration th..

Category: Procedural Law | Date: | Hits: 139

Dr. Md. Mahiuddin Vs. Dr. Hasanuzzaman Chow­dhury and others, 1992, 21 CLC (HCD)

....ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535....... Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Dr. Md. Mahiuddin..............................Petitioner Vs. Dr. Hasanuzzaman Chow­dhury and others ................................Opposite‑parties Judgment March 29, 1992. ......ontempt of Courts Act, 1926 read with Article 108 of the Constitution of the People's Republic of Bangladesh is summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 535.......ant to an action for breach of contract following the publication of comment supporting the defendants case. The application was dismissed, Keating J. saying: The trial had taken place, and the plaintiff had obtained a verdict and the defendant had leave to move for a nonsuit or a new trial on..

Category: Criminal Law | Date: | Hits: 131

Hajee Abdul Latif Vs. Abdul Huq & others, 1991, 20 CLC (HCD)

....assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ...... .........Opposite Parties Judgment March 13, 1991. Result: The Rule is discharged without any order for costs. Case Referred To- Haji Nurul Islam Vs. Ash­raf Ali and others, 30 DLR 215. Lawyers Involved: Miah Abdul Gafur with Abbasuddin Ahmed, Advoca......assment and expenses to the defendant. For the reasons stated above, this Rule is discharged without any order for costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 601. ......hy the Order No.37 dated 19.3.85 passed by Munsif, First Court, Dhaka in Title Suit No.188 of 1982, should not be set aside. 2. The facts of the case are, that Abdul Huq, opposite party No.1 as plaintiff, along with 3 others filed Title Suit No.210 of 1981 in the First Court of Munsif, Dhaka f..

Category: Civil Law | Date: | Hits: 166

Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)

....side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597....... Abul Hossain Molla & others…………..Respondents. Judgment May 7, 1991. Result: The appeal is allowed. Case Referred To- Habibur Rahman Vs. Abdul Wadud and others, 21 DLR page 382. Lawyers Involved: Abdul Hamid Chowdhury, Advocate-For the A......side and those of the decree and judgment passed by the trial Court are restored. In view of this fact I make no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 597.......hereafter Roushan Ali transferred 4.20 acres of land out of the land of the heba‑bil‑ewaz in favour of his step brothers namely Azibar Ali and Akbar Ali. Thereafter Roushan Ali died leaving widow plaintiff No.2. a son, plaintiff No.1 and 2 daughters plaintiff Nos.3 and 4. Thereafter Azibar Ali d..

Category: Property Law | Date: | Hits: 122

Pubali Bank Limited Vs. Monsur Ali Akanda and others, 1990, 29 CLC (HCD)

....nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......urt High Court Division (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Pubali Bank Limited ............Petitioner Vs. Monsur Ali Akanda and others………….Opposite Parties Pubali Bank Limited…….......Petitioner ......nd the suits are dismissed as being barred by law. Regard being had to the facts of the case I, however, make no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 589.......tances they brought two suits against the said Bank and its concerned officers for declaration that the orders of termination were illegal, mala fide and without jurisdiction and not binding upon the plaintiffs and that they were still in the services of the said Bank and also for mandatory injuncti..

Category: Labour and Industrial Law | Date: | Hits: 176

Bengal Steel Works Limited Vs. Registrar of Joint Stock Companies and Firms, 1995, 24 CLC (HCD)

....from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101....... High Court Division (Civil Original Jurisdiction) Present: Mainur Reza Chowdhury J Bengal Steel Works Limited....................Plaintiff Vs. Registrar of Joint Stock Companies and Firms ..................Respondent Judgment November 23, 1995. Result: The applicati......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101.......from drawing up this order and submit receipt of the same showing payment. The cost of the application will be borne by the company. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 101...

Category: Company Law | Date: | Hits: 358

M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)

....dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......ginal Jurisdiction) Present: Mustafa Kamal J AM Mahmudur Rahman J M/s. Adamjee Jute Mills Ltd.…………………….....................Petitioner Vs. Chairman, 3rd Labour Court and another.....................Respondent Judgment July 20, 1986. Result: The Rule is ......dent No.1 shall thereafter try and dispose of the I.R.O. case in question in accordance with law. AM Mahmudur Rahman J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 11. ......on only in the event of failure of any party to appear before the Court. 10. The Code of Civil Procedure provides for occasions when a Court may proceed ex-parte. Under Order IX, rule 6, where the plaintiff appears and the defendant does not appear when the suit is called on for hearing, then if ..

Category: Procedural Law | Date: | Hits: 180

Bisheswar Dutta Vs. Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others, 1986, 15 CLC (HCD)

....gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8.......nch) (Civil Revisional Jurisdiction) Present: Bimalendu Bikash Roy Chowdhury J Bisheswar Dutta be­ing dead his heirs No.1 (a) Bilasmani Datta…………Petitioner Vs. Sree Gopal Chandra Dey being dead his heirs No.1 (a) Harendra Chandra Dey & others ……………………......gards demolition of the structures raised by the defendants. The Rule is accordingly disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 8....... dis­possessed him therefrom in the last part of Kartick, 1375 B.S. and erected thatched huts thereon. 3. Defendant No.1 contested the suit by filing written statement. He denied the claim of the plaintiff and asserted that he had been in possession of the-property for the last 30 years. 4. A..

Category: Property Law | Date: | Hits: 119

Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)

....ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......Syed Khalilullah Malek others.................Opposite Parties Judgment November 20, 1995. Result: The Rule is made absolute. Cases Referred to- Nazir Ahmed Vs. Rabibgr Rahman Miah and others, 7 DLR 192; 21 DLA (SC) 46; 15 CLJ Page 339; 28 DLR (AD) 127; 25 DLR 96. Lawyers Invo......ase is sent back to the District Judge Moulvi Bazar for re‑consideration and the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 117.......is Revisional application is directed against the order dated 9.11.1991 of the District Judge, Maulavi Bazar, passed in Title Appeal No.145 of 1986. 2. Short facts involved in the case is that the plaintiffs‑petitioners filed Title Suit No.17 of 1979 in the Court of the Subordinate Judge, Sylhe..

Category: Trust/Waqf Law | Date: | Hits: 181