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Category: Labour and Industrial Law | Date: | Hits: 156
M. Tofazzal Ahmed Vs. Jashim Uddm Hayder Faruque, 2007, 36 CLC (AD)
....e, instructed by Mrs. Mahmuda Begum, Advocate-on-Record- For the Petitioner. Abdul Momen Chowdhury, Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record-For Respondent. Civil Petition for Leave to Appeal No.550 of 2006 Judgment Mohammad Fazlul Karim J. - The petitioner seeks Le......learned Advocate for the petitioner deserve no consideration. Accordingly, the petition is dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 261. ...... Waqf Administrator initial case will be started as miscellaneous appeal in the Court of District Judge, miscellaneous appeal under Section 50 of Waqf Ordinance which memo of appeal any be treated as plaint of the case because which narrated the facts and as well as grounds of the case and the learn..Category: Trust/Waqf Law | Date: | Hits: 117
Kabiruddin Ahmed Vs. Akmal Hossain and others, 1995, 24 CLC (HCD)
....ion of Barakhada Union Parishad within the district of Kushtia. Three persons, including the petitioner and the opposite party No.1, filed nomination paper's and contested the election; the last date for filing nomination paper was 7‑12‑91 and the following day i.e. 8‑12‑91 was fixed for the......iddique, Advocate for the petitioner, submits that the learned Additional District Judge, Kushtia misconstrued the provision of Rule 44 of the Union Parishads (Election) Rules 1983 and its subsequent amendment, and thereby wrongly held that the election petition was not maintainable being filed out ......tered mode. Alterations in the form of procedure are always unless there is some good reason of they should not be. Thus the provision of section 128 of the Common Law Procedure Act 1852, that the plaintiff might issue execution within six years from the recovery of a Judgment without revival of ..Category: Election Law | Date: | Hits: 301
Category: Alternative Dispute Resolution | Date: | Hits: 263
Nizamuddin Dhali (Md.) Vs. State, 1993, 22 CLC (HCD)
....amuddim Dhali guilty of offence punishable under section 409 of the Penal Code and sentencing him to suffer two years imprisonment and to pay fine of Taka 300.00 and in default to suffer imprisonment for another three months. 2. The prosecution case, in short, is that accused‑appellant Md. Niza......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ......he light of the observations made in the body of this Judgment. The accused appellant may be allowed to remain on bail pending trial. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 507. ..Category: Criminal Law | Date: | Hits: 95
Janata Bank Vs. Saiful Islam, 2006, 35 CLC (HCD)
....Bank……………………………Appellant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawye......……………………………Appellant-Petitioner Vs. Saiful Islam……………………………Respondent-Opposite Party Judgment March 12, 2006. Result: The application for amendment is allowed. Case Referred to- Kishandas Vs. Vithoba, (1909) 33 Bom 644. Lawyers I......ved: J. K. Paul - For the Appellant. Md. Shahidul Islam Khan - For the Respondents. First Appeal No.250 of 2002. Judgment Siddiqur Rahman Miah J.- This application for amendment of the plaint under Order 6 Rule 17 of the Code of Civil Procedure arises out of FA No.250 of 2002 between ..Category: Civil Law | Date: | Hits: 117
Md. Aminul Haque Helal Vs. Mr. Justice Sultan Hossain Khan and others, 2006, 35 CLC (HCD)
....d in this writ petition on the ground that the office of the chairman and commissioners are neither constitutional posts nor posts of oath but created as per provisions of the Durnity Daman Ain to perform function of the Sovereign Republic and that function is neither judicial nor quasi judicial but......ansaction of the business of the executive Government, not regulating the appointment and conditions of service of persons in the service of the Republic and therefore the fact that there has been an amendment of the Rules of Business following the constitution of the ACC and appointment of responde......ove the petitioners case. In view of our discussions and findings made above, this rule is discharged without any order as to costs. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 1. ..Category: Constitutional Law | Date: | Hits: 228
Delwar Hossain and others Vs. Janata Bank and others, 2003, 32 CLC (HCD)
....rtha Rin Adalat Ain of 1990 laid a suit being Title Suit No.1 of 2002 in a court of ordinary civil jurisdiction, that is First Court of Joint District Judge, Khulna, against decree-holder Janata Bank for a declaration that the preliminary and final decree passed in Artha Rin Suit No.54 of 1998 of Ar......l Court, we award cost of Taka 5,000 (five thousand) only upon them. Cost shall be paid to the decree holder respondent Janata Bank. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 585. ......ee passed in Artha Rin Suit No.54 of 1998 of Artha Rin Adalat, Khulna is collusive and, also, for a declaration of Maliki Right free from all encumbrances on the property mentioned in schedule to the plaint and some other incidental declarations. 3. Learned Joint District Judge on the strength of..Category: Procedural Law | Date: | Hits: 84
Md. Siraj alias Md. Sirajul Islam Vs. Ananda Furniture's, 2011, 40 CLC (AD)
....ias Md. Sirajul Islam………………........Petitioner Vs. Ananda Furniture's……………..........................Respondents Judgment November 17, 2011. Result: The Petition for Leave to Appeal is dismissed. Lawyers Involved: Nurul Islam Bhuiyan, Advocate-on-Record- F...... Code of Civil Procedure is illegal and the same is liable to be rejected. 5. The plaintiff also filed an application under Order 6 Rule 17 read with section 151 of the Code of Civil Procedure for amendment of the plaint stating inter alia, that at the time of drafting the plaint, the nomenclatur......st the judgment and order dated 21.01.2010 passed by the High Court Division in Civil Revision No. 1818 of 2009. 2. The facts in substance for disposal of the Petition for Leave to Appeal are that plaintiff is a proprietary firm carrying on business of manufacturing furniture in the name and styl..Category: Procedural Law | Date: | Hits: 133
Md. Nafaruddin Mollah Vs. Md. Serajuddin Khan & Others, 2007, 36 CLC (AD)
....lved: Abu Sams Md. Khalequzzaman, Advocate-on-Record- For the Petitioners. Md. Nawab Ali, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent Nos. 2-7. Civil Petition for Leave to Appeal No. 355 of 2005. Judgment Mohammad Fazlul Karim J. - This Civil Petition f......ce with the impugned judgment. In the result, the application has no merit and accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 164. ......e Appeal No.81 of 1989 allowing the appeal by reversing those dated 29.02.1989 of the Senior Assistant Judge, Rajshahi Sadar, Rajshahi in Other Class Suit No.299 of 1985 decreeing the suit. 2. The plaintiff-respondent No.1 filed the suit for declaration of the cancellation of the plaintiff's perm..Category: Property Law | Date: | Hits: 116
Nitai Ch. Shaha and another Vs. M/s. City Ice and Cold Storage Ltd. and others, 1982, 11 CLC (HCD)
....an 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 conÂtract. The Rules are directed against the orders of the ......tract. The Rules are directed against the orders of the Subordinate Judge, 1st Court, Dacca by which the plaintiff opposite party's petitions under Order 6 rule 13 of the Code of Civil Procedure for amendment of the plaints by adding some new facts and new parties were allowed. 2. Facts relevant...... 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 conÂtract. The Rules are directed a..Category: Civil Law | Date: | Hits: 132
Amiren Nessa and another Vs. Harun Mia and others, 1982, 11 CLC (HCD)
.... Original Decree No.45 of 1977. Judgment Ranadhir Sen J.- This appeal at the insÂtance of the plaintiffs is directed against a Judgment and decree of the learned SubordiÂnate Judge in a suit for partition. 2. The case of the plaintiffs in brief is that the schedule land of the plaint beÂ......d circumsÂtances 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 insÂtance of the plaintiffs is directed against a Judgment and decree of the learned SubordiÂnate Judge in a suit fo..Category: Property Law | Date: | Hits: 93
Shahryar Murshed and others Vs. Principal, Chittagong Medical College and others, 1994, 23 CLC (HCD)
....llows: The petitioner in Writ Petition No.2141 of 1993 was a 4th Year MBBS, student in the Chittagong Medical College bearing Roll No.113, Session 1988-89. He was elected Indoor Games Secretary for the 4 consecutive terms of College Chhatra Sangsad of the Chittagong Medical College having a ......ce or regulation of the Chittagong University or of the medical college and, if not, whether the college authority could go to that extent. From paragraph 8 of photocopy of cyclostyled copy of the amendment to the Board of Residence, Health & Discipline Ordinance stated to have been forwarde...... any lawful authority and, as such, is of no legal effect. The Rules are accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 482. ..Category: Others | Date: | Hits: 168
Rezaul Bari (Md.) Vs. Bangladesh & others, 2010, 39 CLC (HCD)
....the Court of the Chief Judicial Magistrate, Rangpur (Annexure-A) should not be declared to have been initiated and issued without lawful authority and is of no legal effect. 2. The relevant facts, for disposal of this Rule, in short, are that on 18-4-2008 one Md. Hasan Ferdous Sarker, Senior Upaz......ged without any order as to costs. The order of stay granted earlier is hereby recalled and vacated. Communicate this judgment at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 54.......ase of Makbul Hossain Vs. State, reported in 40 DLR 326 it has been observed that, "Proceeding before a Court starts when the competent Court take cognizance of an offence on police report or on a complaint or upon his own knowledge. No proceeding can be pending before the Magistrate before submissi..Category: Anti-Corruption Laws | Date: | Hits: 142
SM Aynul Kabir and others Vs. Kambar Ali and others, 2010, 39 CLC (HCD)
.... District Judge, Second Court, Dhaka, dismissing Misc. Appeal No.38 of 2004 and affirming those of dated 16-2-2004 passed by learned Joint District Judge, second Court, Dhaka rejecting an application for temporary injunction in Title Suit No.350 of 2003. 2. Material facts are that on 23-9-2003 pl......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)
.... extinÂguishing proprietary right in 65 decimals of land of SA Plot No.573 and RS Plot No.79 and 80 and asked to submit objection, if any, within 30 days in the office of the defendant No.3. Being informed about the said Memo dated 7-7-1997 the plaintiffs submitted their registered title deeds, ren...... (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)
....er Ali, Subordinate Judge, Kushtia in Misc. Appeal No.11 of 1984 reversing those dated 12.1.84 passed by Mr. Md. Monjur Kader, Munsif, Kumarkhali in Titie Suit No.173 of 1983 rejecting an application for disÂmissing the suit on the ground of non-maintainability. 2. The present petitioners as pla...... non-payment of proper Court fees, it appears from the statute itself that before takÂing any action under clause "b" or "c" of rule 11 of Order 7 of the C.P.C. sometime not exceeding 21 days as per amendment must be given to the party concerned for correction of the valuation of the suit or the re......ate—For the PeÂtitioners. Gazi Siddique Ahmed, Advocate—For the OpÂposite 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)
....C Appeal 23 of 1986 allowing the appeal and dismissing the suit, reversing the Judgment and decree dated 24.5.86 passed in OC Suit 345 of 1981 by the Subordinate Judge, Thakurgaon, decreeing the suit for declaration of title brought by the petitioner. 2. Admittedly, the suit land along with other......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)
....amine the legality of the Judgment and decree dated 27.12.87 passed 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 th......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
Rajshahi Girls' High School, Rajshahi and others Vs. Md. Abdul Mannan, 1995, 24 CLC (HCD)
....tuted the instant suit being other class suit No.133 of 1986 in the Court of the learned Senior Assistant Judge, Sadar Upazila, District Rajshahi impleading the present petitioners and others praying for declaration that the resolution dated 24‑6‑86 adopted by the defendants and communicated vid......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