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Subhra Nandi Majumder Vs. Amar Prasad Bhattacharjee and others, 1997, 26 CLC (HCD)
.... order No.67 dated 26‑11‑87 passed by the Subordinate Judge in‑Charge, 1st Court, Chittagong in Other Suit No.149/85 should not be set aside. 2. The plaintiff‑opposite party filed the suit for specific performance of contract being Other Suit No.149/85 in the 1st Court of Subordinate Judg......harged. In the result, the Rule is discharged without any order as to costs, The order of stay granted by this Court stands vacated. Ed. This Case is also Reported in:49 DLR (HD) (1997) 227. ......, Advocates ‑ For the Opposite Party No.1. Civil Revision No.4497 of 1991 (Dhaka). Civil Revision No.33 of 1988 (Ctg). Judgment Qazi Shafiuddin J.- This Rule was issued calling upon the plaintiff‑opposite party No.1 to show cause as to why the impugned order being order No.67 dated 2..Category: Civil Law | Date: | Hits: 117
Administrator, Zilla Board Vs. Mukhlesur Rahman, 1983, 12 CLC (HCD)
....oards, under the Works Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, Mymensingh for 3 declarations: (1) that the office Memo. dated 09.11.1973 transferring him from his post of Acc......udge are set aside and the plaintiff's suit is dismissed without any order as to costs. Let the records be sent back immediately. Ed. This Case is also Reported in: 36 DLR (HCD) (1984) 71. ......l raises the question of the legal status of the employees appointed by the District Councils later District Boards, under the Works Programme and it arises out of a judgment of affirmance. 2. The plaintiff Md. Mukhlesur Rahman filed O.C. Suit No.157 of 1974 in the First Court of Munsif, Sadar, M..Category: Employment/Service Law | Date: | Hits: 120
Md. Koisaruzzaman Vs. State, 2011, 40 CLC (HCD)
....twali Police Station Case No.39 dated 17.12.2004, under sections 406/409/420 of the Penal Code, pending in the Court of Senior Special Judge, Sylhet, should not be quashed. 2. The facts relevant for disposal of the Rule, in short, are that the petitioner, who was the Manager of IFIC Bank Tultik......tion 409 of the Penal Code committed by a public servant in discharging his duty as public servant is still specified under the schedule of the Criminal Law Amendment Act, 1958 as before even after amendment of the schedule by Act XXII of 2004 on 18.07.2004. Section 5(1) of the Criminal Law Amendm...... Act (hereinafter referred as the Act) provides that prior sanction of the Government is required to prosecute a public servant for any offence under the schedule of this Act. If the petition of complaint or the police report is not accompanied by such sanction, the Special Judge shall immediately..Category: Criminal Law | Date: | Hits: 85
Mohammad Latif Anowar Chowdhury Vs. Mohammad Fazle Moubin Faruki and others, 2010, 39 CLC (HCD)
....suance of the Rule directed the parties to maintain status quo in respect of position, possession, nature and character of the property in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other Suit No.......e application seeking to injunction under Order 39 Rule 1 of the Code of Civil Procedure by the plaintiff in the suit also rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 372. ......o in respect of position, possession, nature and character of the property in question till disposal of the rule. 3. Facts relevant for disposal of the Rule are that the opposite party No.1 as plaintiff has instituted Other Suit No.229 of 2009 in the 2nd Court of learned Joint District Judge,..Category: Civil Law | Date: | Hits: 115
M/S Polish Ocean Lines and another Vs. Bangladesh and another, 2009, 38 CLC (HCD)
......Appellants Vs. Bangladesh and another………………………………..Respondents Judgment July 15, 2009. Result: The appeal is allowed. Lawyers Involved: Md. Ohiullah for M. Hafizullah, Advocate-For the appellants. Not represented-For the respondents.......ttagong in Money Suit No.97 of 1985 is hereby set aside. There will be no order as to cost. Send down the L.C. Records at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 369. ...... in Money Suit No.97 of 1985 decreeing the suit against the defendant Nos.1 and 2 (appellants) with interest @15% per annum with effect from the date of filing of the suit till realisation. 2. The plaintiff's case, in short, is that the plaintiff imported a consignment of 13 cases of equipments (..Category: Admiralty Law or Maritime Law | Date: | Hits: 570
Penta Marine Services Limited Vs. Niko Resources (Bangladesh) Ltd. and others, 2011, 40 CLC (HCD)
....M Abdur Rahman J.- By this application/ preferred under the provision of Order 7 Rule 11 read with section 151 of Code of Civil Procedure, 1908, the defendant Niko Resources (Bangladesh) Ltd. prays for rejection of the plaint on the facts and circumstances stated therein. 2. So far the grounds ......e being no merit in this application this court is inclined to reject the application. In the result, the application is rejected. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 415. ......ilot Commissioners Vs. Cumberland Ry and coal Co.,(1910) AC 208; European and Australian Royal mail Vs. P & O, (1866) 14 LT 704. Lawyers Involved: Rokanuddin Mahmud, Senior Advocate-For the plaintiff. Tanjib-ul-Alam, Advocate - For defendant No.1 (applicant). Admiralty Suit No..Category: Admiralty Law or Maritime Law | Date: | Hits: 649
Intertek Testing Service International Ltd. Vs. Md. Monowar Hossain, 2011, 40 CLC (HCD)
....use as to why the impugned Order No.19 dated 22.02.2010 passed by the learned Joint District Judge, 4th Court, Dhaka in Money Suit No.11 of 2007 should not be set-aside. 2. The brief fact relevant for disposal of this Rule is that the sole opposite party as plaintiff instituted a suit being Money......urt, Dhaka in Money Suit No.11l of 2007 is maintained. The trial court concerned, will, however, expedite the trial of the suit. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 409. ......d by the learned Joint District Judge, 4th Court, Dhaka in Money Suit No.11 of 2007 should not be set-aside. 2. The brief fact relevant for disposal of this Rule is that the sole opposite party as plaintiff instituted a suit being Money Suit No.11 of 2007 in the Court of Joint District Judge, 4th..Category: Fiscal/Taxation Law | Date: | Hits: 156
Mrs. Nadira Rahman Vs. Sayed Amir Hossain, 1983, 12 CLC (HCD)
....1500 of 1980. Judgment Abdur Rahman Chowdhury J.- While concurring with the Judgment just delivered by my learned brother I would like to add a few words of my own. Here is a case which has unfortunately been dealt with by the Administrator of Wakf and the learned District Judge more on surm......d orders were passed and she is to continue as Mutwalli till she resigns or is removed in accordance with law. No order as to cost. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 277. ......o happened to be brother of Mrs. Nadira Rahman, adduced any evidence in support of his allegation as contained in his petition which however need to have been proved as an allegation contained in a plaint in a Court of law. Thus, it is clearly seen that the Administrator of Wakfs without following..Category: Trust/Waqf Law | Date: | Hits: 124
Channu Mia alias Yusufuzzaman & others Vs. State, 1983, 12 CLC (HCD)
.... - For the Petitioner. Abdul Wadud Bhuiyan, Additional Attorney-General - For the State. Criminal Revision No.110 of 1983. Order Mustafa Kamal J.-This application u/s. 561A Cr.P.C. for quashing the proceeding in Kotwali P.S. Case No.42(5) 82 u/s. 436/511 of the Penal Code now pend...... that Ordinance No. XXIV of 1982 was promulgated. Section 35(c) of Ordinance No. XXIV of 1982 provided that notwithstanding anything contained in any other law for the time being in force or in any amendment made in the Code of Criminal Procedure by this Ordinance any case, including an appeal, ot......of this order be communicated immediately to the learned Sessions Judge, Dhaka as well as to the Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 275. ..Category: Procedural Law | Date: | Hits: 123
Baquer Siddiqui (Md.) Jounpuri and another Vs. State and another, 2008, 37 CLC (HCD)
....nt Nozrul Islam Chowdhury J.- The Rule under Section 561A of the Code of Criminal Procedure was issued on 23-11-98 calling upon the Deputy Commissioner, Dhaka as well as opposite party No.2, the informant to show cause as to why the proceedings in Mohammadpur PS Case No.40(11) 98 arising out of P......shed. Let a Copy of this judgment he transmitted to the Chief Metropolitan Magistrate, Dhaka for information and necessary action. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 118. ...... Short facts relevant for the purpose of disposal of this Rule are that one Md. Moktadul Hoque claiming himself to be the Chief Executive of late Tamizuddin Khan Welfare Trust lodged a petition of complaint before the Chief Metropolitan Magistrate, Dhaka on 29-10-1998 impleading the petitioners as a..Category: Criminal Law | Date: | Hits: 70
Abul Kashem Shawdagar Vs. Abdur Razzaque & others, 1983, 12 CLC (HCD)
.... against the four accused persons on 31.08.1979 under section 147, 427 and 352 and 379 of the Penal Code. On 29.09.1979 the accused persons filed a petition stating that in order to harass them the informant party has falsely started a series of civil and criminal and revenue case against them The......igation directed by the Court before cognizance has been taken. As such I refrain from giving my decision on the point indicated above. Ed. This Case is also Reported in:36 DLR (HCD) (1984) 63. ......certified copy of report of the Assistant Police Commissioner (Kotwali Zone) stating that he did not get any genuineness of the occurrence as alleged by prosecution and moreover he stated that the complaint, himself was not at all available at the time of occurrence at the P.O. and so at that this s..Category: Criminal Law | Date: | Hits: 93
Fakir A Matin Vs. Gaosul Azam Bachchu, Vice President and others, 2010, 39 CLC (HCD)
....and order dated 27.10.2009 passed in Miscellaneous Appeal No.27 of 2009 in respect of the opposite party Nos.1-4 being appellants of the said Appeal. 2. Earlier a Rule was issued on the matter and for disposal of the Rule the relevant facts are briefly stated below: 3. Petitioner's case. Th......e সমবায় সমিতি বিধিমালা। 29. From Annexure D and D-1 to Writ Petition No.3152 of 2009 being the photocopies of the নির্বাচন তফসিল and amendment thereof it appears that the date of filing nomination paper was fixed on 30.09.2008. This ......itional District Judge and another for theJoint Registrar, Divisional Cooperative Societies Office, Dhaka. No order as to cost. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 201. ..Category: Others | Date: | Hits: 140
Shahidullah (Md.) Vs. Abdus Sobhan Talukder, 1996, 25 CLC (HCD)
....ide Suit No.142 of 1989 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC praying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declar......edly barred at all. This Rule is, therefore, discharged without costs. Order of staying further proceedings of the suit is vacated. Ed. This case is also Reported in:49 DLR (HCD) (1997) 248. ......89 of the 1st Court of Subordinate Judge, Barisal, is directed against an order dated 3‑10‑89 rejecting this defendant's application filed under Order 7, rule 11, CPC praying for rejection of the plaint. 2. Plaintiffs‑opposite parties have instituted the suit for declaring an order dated 27..Category: Trust/Waqf Law | Date: | Hits: 131
GE Sea Co. Services Ltd. Vs. Continental Traders BD Ltd. and others, 2010, 39 CLC (HCD)
..... AKM Ali, Advocate - For Defendant No.1. Admiralty Suit No.12 of 2009. Judgment AFM Abdur Rahman J.- By this application the defendant appellant Continental Traders (BD) Ltd. prays for dismissing the suit as not being maintainable. 2. The plaintiff GE Sea Company Service Ltd. a......d this Court finds no merit in this application which is therefore liable to be rejected. Accordingly, the application is rejected. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 56. ......Suit No.12 of 2009. Judgment AFM Abdur Rahman J.- By this application the defendant appellant Continental Traders (BD) Ltd. prays for dismissing the suit as not being maintainable. 2. The plaintiff GE Sea Company Service Ltd. as plaintiff No.1 along with the plaintiff No.2 Sea Container ..Category: Admiralty Law or Maritime Law | Date: | Hits: 320
Prodeep Kumar Bhadra Vs. Sree Chandra Kanta Mondal and others, 2009, 38 CLC (HCD)
....the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaration of title by settlement, S. A. Khatian is wrong and also the suit land is not veste...... 1995 is set aside. Title Suit No.9 of 1995 is dismissed. Send down the lower court records at once. AKM Abdul Hakim J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 35. ...... Chaklader J.- This appeal by the defendant is directed against judgment and decree dated 5-3-1998 passed by the learned subordinate judge, first court, Satkhira in title Suit No.9 of 1995. 2. The plaintiff instituted the suit for declaration of title by settlement, S. A. Khatian is wrong and a..Category: Property Law | Date: | Hits: 134
Shawkat Ali Chowdhury Vs. G. Murshed Reza and others, 2009, 38 CLC (HCD)
....-Tax, Madras, AIR 1957 SC 49, at page 58; Erfan Ali Vs. Joynal Abedin Mia (late) represented by his legal heirs Golenur and others, 35 DLR (AD) 216. Lawyers Involved: Md. Aminul Islam, Advocate for Omar Sadat, Advocate - For the Appellant. Shams Uddin Babul, Advocate - For the Respond...... Huq. By West: Residence of Al-Haj MaqbulHossain. By East: Main Road." 19. After filling of the suit plaintiff, filed an application under order VI rule 17 of the Code of Civil Procedure for amendment of pleadings. 20. Defendant appeared and filed application under order VII rule 11 ...... others Vs. Mr. Habibur Rahman and others, 15 BLD 519; All India Reporter Limited, Bombay Vs. Ramachandra Dhordo Dater, AIR 1861 (Bom) 292; Secretary of State-Defendant-Appellant Vs. Golabrai Paliram-plaintiff-Respondent, AIR 1932 (Cal.) 146; The Firm of Gunnaji Bhawaji Vs. Makanji Khoosalchand and ..Category: Civil Law | Date: | Hits: 200
Ain-O-Salish Kendro (ASK) Vs. Government of Bangladesh and others, 2006, 35 CLC (HCD)
....t Nozrul Islam Chowdhury J.- This Rule Nisi was issued on 08.06.1997 calling upon the Respondents to show cause as to why Fazlu alias Hafiz alias Hafizur Rahman alias Happy should not be brought before this Court so that it may satisfy itself that he is not being held in an unlawful manner and to......proper to dispose of the Rule with the directions and observation made above, without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 448; 13 BLC (HCD) (2008) 148. ......irons or under mechanical restraint by the Jailer of his own authority, except in case of urgent necessary, in which case notice there of shall be forthwith given to the superintendent." 8. From a plaint reading of Rules 485, 486 and 487 under the Jail Code, we find the facts and circumstances un..Category: Constitutional Law | Date: | Hits: 219
Fazal Hossain (Md.) and others Vs. Md. Helal Mia & others, 2009, 38 CLC (HCD)
....ite party No.1 to show cause as to why the impugned judgment and order dated 29-5-2000 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Miscellaneous Appeal No.63 of 1993 disallowing the aforesaid Miscellaneous Appeal and affirming the judgment and order dated 30-1-1993 passed by the l...... same is hereby maintained and upheld. Let copy of the judgment be sent to the Courts below expeditiously. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 75; 30 BLD (HCD) (2010) 139. ......of pre-emptor respondent because of the simplicity did not get the Saf kabala (reconveyance deed) registered which has been annexed has Annexure B1 and Mr. Mazumder has also annexed Photostat copy of plaint and written objection etc. of Title Suit No.245 of 2007 marking the same as Annexure C. where..Category: Property Law | Date: | Hits: 138
Md. Shermat Ali Vs. Mossammat Lilifa Khatun, 2005, 34 CLC (HCD)
....er or further order or orders as to this Court may seem fit and proper. 2. The Opposite Party as Plaintiff instituted Family Suit No.21 of 1999 in the Family Court, Kishoreganj, Nilphamari praying for dower money amounting to Tk.75,241/- and maintenance for Tk. 2,250/- stating, in nutshell that s....... 13. The order of stay granted at the time of issuance of the rule stands vacated. Send down the Lower Court's Record at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 439. ......riven out from the house of the Defendant. The Plaintiff was mercilessly beaten by the Defendant and the Plaintiff had to take some treatment from the Rangpur Medical College Hospital. Thereafter the plaintiff received a notice of divorce wherefrom she came to know that she was divorced on 11.10.199..Category: Family Law | Date: | Hits: 224
Sree Babul Kumar Biswas Vs. Sree Khudiram Jaladas, 2007, 36 CLC (HCD)
...., 5th Court, Sadar, Chittagong in Execution Case No.13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the Petitioner as plaintiff instituted Other Class Suit No.84 of 1......tself on behalf of the defendant in Execution Case No.13 of 1997. In the said execution case in the decree holder submitted an application under section 153 of the Code of Civil Procedure praying for amendment of execution application for putting him into possession in the transferred land and that ......13 of 1997 should not be set aside and/or such other or further order or orders pass as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule are that the Petitioner as plaintiff instituted Other Class Suit No.84 of 1995 in the 5th Court of Assistant Judge, Sadar, Chit..Category: Procedural Law | Date: | Hits: 253
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