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Nirman International Ltd. and another Vs. Janata Bank, 2010, 39 CLC (HCD)
....08 impugning the judgment and order No.22 dated 14-7-2005 passed by the learned Joint District Judge, 4th Court Dhaka in Money Execution Case No.2 of 2004 rejecting the petitioner's application filed for dismissal of the said Money Execution proceeding and/or such other further order or orders as ......Judge summarily rejected the same on 24-8-2005. 3. Mr. Md. Mustafizur Rahman Khan, learned Advocate, appearing for the petitioner, submits that, section 44A(1) of the Code of Civil Procedure after amendment in 2003, stand for execution of any decree passed by a Court which has no reciprocating te......r Rahman Khan, learned Advocate appearing before us who lighted us by presenting the law properly. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 57. ..Category: Civil Law | Date: | Hits: 168
Bangladesh Water Development Board and other Vs. Progati Prakaushali & another, 1996, 25 CLC (HCD)
....rted from FMA No. 385 of1994). Judgment Syed Amirul Islam J.- This appeal arises out of a proceeding under sections 14 and 17 of the Arbitration Act. 2. The relevant facts that are necessary for the purpose of disposal of this appeal are that, the Progati Prakaushali an enlisted a class con....... The second ground for rejecting the aforesaid application written objection is that the second party appellant did not make any deposit as is required by section 33 of the Arbitration Act after its amendment by virtue of the provisions of Law Reforms Ordinance, 1978. Thereafter the learned Subordi...... legally made the award a rule of the Court. In view of the facts and circumstances of the case, there will be no order as to cost. Ed. This case is also Reported in:49 DLR (HCD) (1997) 335. ..Category: Alternative Dispute Resolution | Date: | Hits: 606
Abdul Latif Vs. Md. Sheesh, 1982, 11 CLC (HCD)
....Opposite Party. Civil Revision No.803 of 1980. Judgment Mustafa Kamal J.- This rule arises out of an appellate Order confirming the trial Court's Order returning the plaint of the suit for presentation in the proper forum having jurisdiction. 2. The plaintiff petitioner instituted ......The valuation matter is decided in favour of the plaintiff and the learned Munsif is directed to proceed with the trial of the suit. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 205. ...... No one - For the Opposite Party. Civil Revision No.803 of 1980. Judgment Mustafa Kamal J.- This rule arises out of an appellate Order confirming the trial Court's Order returning the plaint of the suit for presentation in the proper forum having jurisdiction. 2. The plaintiff pet..Category: Civil Law | Date: | Hits: 123
Abul Hossain Azad Vs. Government of Bangladesh & Others, 2005, 34 CLC (HCD)
....am Rabbani Chowdhury and Radhika Narayan were elected as the donor member and founder member respectively. On 6.3.2003, in the first meeting of the managing committee of the said school, the election for the post of Chairman of the Managing Committee was held. In the said election, the petitioner se......eld on 6.3.2003 in which two names instead of one was proposed for appointment of its Chairman. 8. The Circular No.শা-৪/৫সি-৮/৮৬ শিক্ষা dated 22.12.1988 envisages the amendment of the original regulation 4. The amended regulation 4 (1) (a)(ii) reads as follows: ......clared illegal and passed without any lawful authority. In the result, the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 44. ..Category: Others | Date: | Hits: 181
Mohammad Ali Miah and others Vs. Md. Sekander Ali Haowlader, 2007, 36 CLC (HCD)
....000 With Civil Rule No.263 (F) 2000. Judgment Siddiqur Rahman Miah J.- This appeal along with the Civil Rule being No.263(F) 2000 which has arisen out of this appeal is taken up together for disposal. 2. This appeal at the instance of the defendants is directed against the Judgment a......at the rate of 15% per annum will be charged upon this amount from the date of decree till realization. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 484. ......ainst the Judgment and decree dated 31.10.2000 passed by the learned Sub-ordinate Judge, fourth Court and Artha Rin Adalat, Dhaka in Title Suit No.19 of 1999 decreeing the suit. 3. The case of the plaintiff, in short, is that the plaintiff is a established business man; that while he was looking ..Category: Civil Law | Date: | Hits: 102
....at, Dr. Frederick Samuel Hahneman invented the Science of Homeopathic system of medicine and treatment in 1796. Basing on his teaching and ideals Homeopathic Pharmacopoeia (book containing directions for preparing Homeopathic drugs and medicine) was published in Germany in 1825 and thereafter in var...... unless the aforesaid provisions of the aforesaid two sets of laws are made to coexist by giving harmonious interpretation or the said offending provisions of the Narcotics Control Act are removed by amendment, members of the petitioner association as manufacturers of homeopathic medicine and drugs ......et a copy of this judgment be sent to the Director General, Department of Narcotics Control, 1, Segunbagicha, Dhaka‑ 1000 at once.
Ed.
This Case is also Reported in: 55 DLR (HCD) (2003) 590.
..
Category: Others | Date: | Hits: 341
....ment And Commerce Bank Ltd. (IFIC Bank Ltd)….......Appellant
Vs.
Abdur Rahman and Others……………………………..Respondent
Judgment
April 8, 2012.
Result:
The Petition for Leave to Appeal is dismissed.
Lawyers Involved:
Shah M. Zahurul Huq, Advocate instructed b......roper appreciation of law and fact do not call for interference.
Accordingly, the Civil Petition for Leave to Appeal is dismissed.
Ed.
This Case is also Reported in: 32 BLD (AD) (2012) 208.
......inst defendant Nos.1 and 3 only.
2. The facts leading to the filing of this Civil Petition for Leave to Appeal, in short, are:
The International Finance Investment and Commerce Bank Ltd. as the plaintiff filed Artha Rin Case No.41 of 1998 before the Artha Rin Adalat No.3, Dhaka impleading resp..
Category: Civil Law | Date: | Hits: 174
State Vs. Abdul Awal, 1983, 12 CLC (HCD)
....……………Petitioner Vs. Abdul Awal………………………Respondent Judgment February 13, 1983. Result: The appeal is dismissed. Cases Referred to- Tamlia Vs. Hannaford, 1950 (1) K.B. 18. B.S.I.; Corporation Vs. Mahbub Hossain Chowdhury 29 D.L.R. (SC) 41. Lawye......ears for the State and Mr. Asrarul Hossain with Mr. Abdul Azim learned Advocates appear for the accused respondent Abdul Awal. 3. The Shops and Establishments Act, 1965 repealed and with certain amendments re-enacted the East Bengal Shops and Establishments Act, 1951 for regulating the holidays...... Sonali Bank. In his cross-examination it was suggested that he did not visit the said branch of the Sonali Bank at all and prepared his report from his house and submitted a false and concocted complaint against the respondent just to harass him. He denied the suggestion. In cross-examination he ..Category: Others | Date: | Hits: 163
Md. Abdul Hye and others Vs. State, 2005, 34 CLC (HCD)
....the prosecution firstly is to prove that the accused had dominion or control over the property which was also entrusted on him and he dishonestly or fraudulently misappropriated or converted the same for his own use or allowed any other person to do so…………………………………….(57) ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ......bu Zafor Siddiky alias Akhter who are currently on bail are discharged from their respective bail bond. Send down the LCR at once. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 403. ..Category: Criminal Law | Date: | Hits: 109
Mrs. Hasina Shams Vs. IFIC Bank Ltd. & Others, 2005, 34 CLC (HCD)
....tional Bank Ltd. and others 16 BLD (AD) 250. Lawyers Involved: Nurul Islam Bhuiya, Advocate-on-Record - For the Petitioner. Not Represented – the Respondents. Civil Petition for Leave to Appeal No. 1581 of 2003. (From the judgment and order dated 17.6.2003 passed by t......aw involved made the Rule absolute and there is no material on the record to call for interference. The petition is dismissed. Ed. This Case is also Reported in: 2007 (XV) BLT (AD) 174.......1618 of 2000 making the Rule absolute in part by setting aside the order dated 22.2.2000 passed by the respondent No.2 in Title Suit No.33 of 1999 striking out the name of the defendant No.5 from the plaint of the aforesaid suit. 2.The respondent No.1, as plaintiff, instituted the above suit f..Category: Civil Law | Date: | Hits: 122
....be without lawful authority and of no legal effect and why he should not be directed to entertain and hear and dispose of the said appeal.
2. It appears that petitioner submitted income tax return for assessment for the year 1987‑88 depositing income tax under section 74 of the Ordinance. There...... tax as determined on the basis of the order of Appellate Joint Commissioner and the petitioner having paid the undisputed portion with his return he was not required to pay any further amount but by amendment and substitution of aforesaid clause (a) of section 158(2) in 1989 petitioner was required......ndent is directed to entertain, hear and dispose of the appeal preferred by the petitioner in respect of assessment year 1987‑1988.
Ed.
This case is also Reported in: 49 DLR (HCD) (1997) 279.
..
Category: Fiscal/Taxation Law | Date: | Hits: 221
Bangladesh Water Development Board Vs. Zakir Construction and Co. and another, 1995, 24 CLC (HCD)
....angladesh Water Development Board figured as 2nd party in the said Misc. case. Petitioner Bangladesh Water Development Board through its Executive Engineer, O & M. Division‑II, floated a tender for construction of 8 Vent RCC Pipe Sluice Gate at 13.65 Km of Greater Dhaka City Flood Protection E......e provision relating to appointment of a retired Judge as an arbitrator for claims exceeding Taka 50,00,000.00 as contained in the memo dated 15‑4‑89 of Water Development Board and the subsequent amendment thereof is a matter to be followed by Water Development Board and not for the Court to fol......re of justice. In the result, the Rule is discharged without any order as to costs. Send a copy of the order to the Court once. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 261. ..Category: Alternative Dispute Resolution | Date: | Hits: 521
British Airways Plc. Vs. Bangladesh Air Services Pvt. Ltd., 1996, 25 CLC (HCD)
.... Ltd. is a Private Limited Company registered under the Companies Act. By an agreement dated April 18, 1980, the petitioner British Airways Plc appointed the opposite party as its General Sales Agent for the district of Sylhet on terms and conditions mentioned in the agreement and by a subsequent am...... 18, 1980, the petitioner British Airways Plc appointed the opposite party as its General Sales Agent for the district of Sylhet on terms and conditions mentioned in the agreement and by a subsequent amendment of the agreement dated 31‑3‑83 the area of operation of business of opposite party Ban......cation for stay of an action brought against the ship owners by the cargo owners. In summarising the principles of law formulated by the English Courts, it is mentioned in the Judgment that where the plaintiffs sue in England in breach of agreement to refer the dispute to a foreign Court and defenda..Category: Alternative Dispute Resolution | Date: | Hits: 304
Estaque Ali Howlader & others Vs. Jahangir Alam Matbar, 1983, 12 CLC (HCD)
....ule, at the instance of the defendants, is directed against an order passed in Miscellaneous Appeal No.96 of 1983, under Order 43, rule 1 (a) of the Code of Civil Procedure, allowing an application for temporary injunction of the opposite parties. 2. The opposite parties filed Title Suit No.2......ated 7.7.83 passed by the learned District Judge, Bakerganj in Miscellaneous Appeal No.96 of 1983 in hereby set aside. No costs. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 398. ......he opposite parties filed Title Suit No.225 of 1983 for a permanent injunction restraining the defendants-petitioners, from entering into the suit properties by force. Their case, in brief, is that plaintiff No.1 Jahangir Alam Matubbar and his brother defendant No.2 Babar Ali Matubbar and his moth..Category: Civil Law | Date: | Hits: 147
Mst. Fatema Begum and others Vs. AKM Gyasuddin Sarder and others, 2007, 36 CLC (HCD)
....Title suit No.132 of 95 should not be set aside. 2. Defendants as petitioners filed an application under section 115(1) of the Code of Civil Procedure and obtained this rule. 3. Facts necessary for disposal of this rule are that opposite parties No.1-7, as plaintiffs instituted Title Suit No.1......granted in the rule, and extended subsequently is here by recalled and vacated. Send down the L.C. Record and communicate the order. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 534.......ts as petitioners filed an application under section 115(1) of the Code of Civil Procedure and obtained this rule. 3. Facts necessary for disposal of this rule are that opposite parties No.1-7, as plaintiffs instituted Title Suit No.132 of 95, in the Court of Assistant Judge, Savar Thana, Dhaka, ..Category: Procedural Law | Date: | Hits: 97
Sreemati Hari Rani Basak and others Vs. Government of Bangladesh and others, 2007, 36 CLC (HCD)
....Revision Petition under section 115 of The Code of Civil Procedure (For short The Code). Civil Revision Petition has been numbered as Civil Revision No.380 of 1991. 2. Portrayal of intrinsic datum forming backdrop of Civil Revision Petition may succinctly be stated. 3. Sreemati Hari Rani Basak......ed, and, as such, it stands discharged for non-prosecution. No cost. Lower Courts Records are sent down. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 506; 13 BLC (HCD) (2008) 1. ......ourth-Twelfth Defendants did not examine any witness in leading assurance to case put forth by them. 9. Learned Subordinate Judge as Trial Judge decided first, second and third issues in favour of plaintiff but decided fourth and fifth Issues against Plaintiff. In deciding fourth and fifth Issues..Category: Procedural Law | Date: | Hits: 108
Zafar Ali (Md.) Vs. Md. Momtaz Hasan & others, 1997, 26 CLC (HCD)
....al No.120 of 1991 allowing the appeal and reversing the Judgment and decree dated 26‑5‑1991 passed in Other Class Suit No.266 of 1987 by the Additional Assistant Judge, Natore, decreeing the suit for declaration that the transfers are mortgage and are subject to redemption. 2. Petitioner file...... agreement to reconvey the suit land, effected in the same sitting, constitute the transaction as usufructuary mortgage as contemplated in section 95(a) of the State Acquisition and Tenancy Act after amendment of section 95 of the State Acquisition and Tenancy Act by the President's Orders No.88 of ...... ‑ For the Petitioner. ABM Nurul Islam, Advocate ‑ For the Opposite Party. Civil Revision No.3159 of 1993. Judgment Abu Sayeed Ahammed J.- This Rule is directed at the instance of the plaintiff against the Judgment and decree dated 13‑7‑1993 passed by the Subordinate Judge, Nator..Category: Property Law | Date: | Hits: 117
Abdur Razzaque Vs. State and another, 1982, 11 CLC (HCD)
.... in Sessions Trial No.247 of 1980 taking cognizance against the petitioner and issuing non-bailable warrant of arrest against him upon holding as follows: "Since accused Abdur Razzak did not appear before this Court and no order has been passed regarding him and as he is allegedly the main culpr......nd. Let the trial proceed against the other accused. Let the records be sent down at once. Mohammad Abdur Rouf J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 103. ......……………… Opposite party Judgment November 9, 1982. Result: The rule is made absolute. Lawyers Involved: Mujibur Rahman - For the Petitioner. M. Shehabullah - For the Complaint. Opposite Party No.2. AFM Shahid, Assistant Attorney-General - For the State. Criminal..Category: Criminal Law | Date: | Hits: 110
Akhtar Rahman Vs. State & others, 1982, 11 CLC (HCD)
....n order passed by the Sub-Divisional Magistrate, Bhola, taking cognizance of a case under section 379 of the Penal Code against the accused petitioner and others. We have heard the learned Counsels for the petitioner and the complainant-opposite party and perused the petition and the annexures t......ates to the accused petitioner, are hereby quashed. The Rule is accordingly made absolute. Anwarul Hoque Chowdhury J.- I agree. Ed. This Case is also Reported in: 35 DLR (HCD) (1983) 100. ...... and others. We have heard the learned Counsels for the petitioner and the complainant-opposite party and perused the petition and the annexures thereto. 2. It appears that upon a petition of complaint lodged by the complainant the petitioner along with nine others were summoned under section 3..Category: Criminal Law | Date: | Hits: 107
Tohfa Khatun and others Vs. Moulavi Mukhilisur Rahman and others, 1997, 26 CLC (HCD)
....ent Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit...... Syed Amirul Islam J.- This Rule is directed against the order dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit No.......dated 12‑8‑95 passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No.89 of 1969 rejecting the application for amendment of written statement. 2. The opposite party No.1 as plaintiff instituted Title suit No.169 of 1965 in the Court of Subordinate Judge First Court, Dhaka,..Category: Procedural Law | Date: | Hits: 118
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