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Dainik Janakantha Vs. Dhaka Sangbadpatra Hawkers Bahumukhi Samabaya Samity, 1997, 26 CLC (HCD)
....sed 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 Janakantha" and others in substa......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)
....d 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, Patiya, Chittagong for maintenance and dower. Further case of the plaintiff is that defendant and plaintiff were legall......'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)
...., 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 termination of their services passed on 17.09.1981 by the petiti......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
....rected against the Circular No.Sectt 11/M-181/81 (branch) 341/3 dated 25.02.1985 issued by the Ministry of Works, inviting Metropolitan Chamber of Commerce and Industry to send panel of three persons for appointment as a Trustee to the Board of Trustee's, Dhaka Improvement Trust.
2. On that appli......l claim of the two chambers for the purpose of representation in the in the Board of Trustee of DIT have been recognized both in law and by the Government since 1959 an for that reason the Government amendment the law making the respondent No.4 who was then operation in Narayanganj eligible for repr......s rule is discharged without any order as to cost. The stay granted earlier is hereby vacated.
Sultan Hossain Khan J.- I agree.
Ed.
This Case is also Reported in: 39 DLR (HCD) (1987) 145.
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Category: Civil Law | Date: | Hits: 162
Humayun Kabir (Md.) Vs. Md. Mozaffar Hossain and others, 1994, 23 CLC (HCD)
....o.1 being applicant filed Election Tribunal Case No.8 of 1992 in the Court of the Assistant Judge and Election Tribunal, Chandpur impleading the present petitioner as opposite party along with others for a declaration that the election of the returned candidate namely; present petitioner of No.10 Ta...... debarring riling any revisional application against any order of the Election Appellate Tribunal if the security deposit is withdrawn prior to filing of revisional application before this Court. The amendment of the Rule under Ordinance XLIV Rule 2(4) provides that District Judge’s Judgment and o......ion Tribunal Case No.1 of 1993 is hereby restored and affirmed. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 560. ..Category: Election Law | Date: | Hits: 273
Elahi Baksh Vs. State and others, 1986, 15 CLC (HCD)
....ate. Amjad Hossain, Advocate -For the Complainant. Criminal Revision Case No. 242 of 1983. Judgment AKM Aminul Islam Chowdhury J.- In this application the accused petitioners have prayed for quashing the proceedings in P. Case No. 1041/82, Case No.92(1)/83 pending in the Court of Thana ......ed not be quashed. For the reasons stated above the Rule is discharged. Send down the records at once. SF Ahmed J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 137. ......ed for quashing the proceedings in P. Case No. 1041/82, Case No.92(1)/83 pending in the Court of Thana Magistrate, Mirzapur. 2. It appears that on 13.10.1982 one Abdul Kadem filed a petition of complaint before the Sub-Divisional Magistrate, Tangail alleging therein that on 07.10.1982 the accus..Category: Criminal Law | Date: | Hits: 168
Anwar Ali (Md) Vs. Chairman, Rajdhani Unnayan Kartipakha (RAJUK) & others, 1991, 20 CLC (HCD)
....romises were constructed with pucca floor, walls with tin roof and were lot out to the predecessor‑in‑interest of the petitioner by the predecessor‑in‑interest of the respondent Nos .6‑14 before the promulgation of the Building Construction Act, 1952. The petitioner paid rent regularly for......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ......uthority. In the result, the Rule is discharged but without any order as to costs. The stay order passed by this court is vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 515. ..Category: Property Law | Date: | Hits: 92
Khandakar Amirul Islam Vs. Khandaker Amanullah and others, 1992, 21 CLC (HCD)
....ed 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 suit land against the defendants. Admittedly the plaintiff appellant...... dismissed the appeal. Being aggrieved by the said judgment and order of the appellate Court below the plaintiff petitioner has moved this Court. The plaintiff petitioner has filed an application for amendment of the plaint under Order 6 rule 17 of the CPC in this Court. The said company having not ...... 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 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 pathway over Plot No.1 and 2 and drain in plot No.3 and......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)
....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 the Petition dated 10.4.90 filed under section 151 CPC praying for an analogous trial of both the Title Suit Nos.365 of 1988 and Title Suit No.62 of 1990. 2.......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
Super Oil Refinery Ltd. Vs. Commissioner Customs and others, 2010, 39 CLC (HCD)
....r of the petitioner. 2. The background leading to the petition in short, is that the petitioner is a private limited company engaged in the business of importing Crude Palm Olein (CPO) from abroad for local consumption after refinement of the same. Respondent No.4 Alhaj Oil Mills Limited is also ......o.4 opened a Letter of Credit for importing of 25 MT Crude Palm Olein under L/C No.0111030100065 dated 4-5-2003 having invoice value US$ 11,000 but the said Respondent No.4 managed to create a forged amendment of the said Letter of Credit dated 14-5-2003 enhancing the quantity of the goods as 3,000 ...... 3,000 MT of Crude Palm Olein in question. In that case seller Walmar Trading PTE Ltd. as defendant No.1 filed an application under Order 7 rule 11 of the Code of Civil Procedure for rejection of the plaint of Other Suit No.214 of 2003 which was allowed and the plaint of the case was rejected by jud..Category: Fiscal/Taxation Law | Date: | Hits: 172
Abdus Samad Khan & others Vs. Wazed Ali Fakir & others, 1992, 21 CLC (HCD)
....e J.- This appeal by the defendant Nos.1, 2 and 5 is directed against the judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Tit......claim in respect of the remaining 1.21 acres of the suit land is dismissed. Parties will bear their respective costs althrough. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 495. ......he judgment and decree dated 30.1.1982 passed by the Subordinate Judge, Manikganj in Title Suit No.37 of 1981 decreeing the suit for declaration of title in the suit land. The respondent Nos.1‑3 as plaintiffs filed the said Title Suit against the appellants and some others for declaration of their..Category: Property Law | Date: | Hits: 154
Javed Traders and another Vs. Premier Soap Factory Ltd. and another, 1992, 21 CLC (HCD)
....8, 3.1.89 and 19.1.89 of the learned District Judge passed in Money Suit No.2 of 1988 instituted on 2.11.1988 under Or. 37 CPC by the petitioners against the opposite parties on the basis of a cheque for Tk. 1,77,200.00 with interest of Tk. 13,896.16 accrued on the aforesaid amount till the institut......of Or. 37 CPC and in the light of the observation made above. In the result, the Rule is made absolute. No order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 490.......der dated 14.12.1988 occasioning failure of justice. He further submits that unless the defendant obtaining leave from the court he will be debarred to defend the suit and the allegations made in the plaint shall be deemed to be admitted and the plaintiff is entitled to a decree. He cites the decisi..Category: Procedural Law | Date: | Hits: 155
Kala Chand alias Chand Mia & others Vs. Karim Khan and others, 2002, 31 CLC (HCD)
....suit on contest. 2. The opposite parties as plaintiffs have instituted a Title Suit being Title Suit No.16 of 1993 in the court of Senior Assistant Judge, Rupganj under the District of Narayangonj for permanent injunction against the petitioners and the defendant-respondent opposite party Nos.7......nate Judge, 1st Court, Narayangonj in Title Appeal No.148 of 1994 is hereby set aside. Send down the lower court records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 564. ......he judgment and decree dated 29‑11‑1994 and 30‑11‑1994 passed by the learned Assistant Judge, Rupganj in Title Suit No.16 of 1993 dismissing the suit on contest. 2. The opposite parties as plaintiffs have instituted a Title Suit being Title Suit No.16 of 1993 in the court of Senior Assist..Category: Property Law | Date: | Hits: 144
James D. Sarker Vs. Rajshahi Krishi Unnayan Bank, 1992, 21 CLC (HCD)
....inuddin Ahmed & others, 39 DLR (AD) I; Colquhoun Vs. Brooks, (1889) 14 App. case 493 (496); Canada Sugar Refining Co. Vs. R (1898) AC 735 (741) Lawyers Involved: AKM Asaduzzaman, Advocate‑for the defendant‑Appellant. Nazrul Islam, Advocate‑For the plaintiff-respondent. Sajjad......said Act there are provisions for the extent of application of the Code of Civil Procedure to the Artha Rin Adalat and it's powers and procedures. In sub‑section 5(Ka) subsequently introduced by an amendment vide Artha Rin Adalat Amendment Act, 1990 published on 31st July, 1990, there is a provisi......889) 14 App. case 493 (496); Canada Sugar Refining Co. Vs. R (1898) AC 735 (741) Lawyers Involved: AKM Asaduzzaman, Advocate‑for the defendant‑Appellant. Nazrul Islam, Advocate‑For the plaintiff-respondent. Sajjad Ali Chowdhury, Assistant Attorney General‑Amicus Curiae. Appe..Category: Civil Law | Date: | Hits: 169
....ies, Principal of Residential Model School, Mohammadpur, Dhaka and Secretary, Ministry of Education, Government of Bangladesh respectively. He filed an application to the Court under Order 11 rule 14 for production of personal file, service book, connected peon book and annual confidential report of...... in the impugned order of the learned Additional District Judge. As a result, the Rule is discharged without any order as to costs.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 392.
......rnment of Bangladesh respectively. He filed an application to the Court under Order 11 rule 14 for production of personal file, service book, connected peon book and annual confidential report of the plaintiff from the custody of the defendant No.1 and to keep the same in the custody of the Court, f..
Category: Procedural Law | Date: | Hits: 132
Nowsher Ali & others Vs. State, 1986, 15 CLC (HCD)
....83 against the Order of conviction and sentence of death and along with these appeals, we have heard the death Reference No.9 of 1983 made to this Court by Additional Sessions Judge, 3rd Court Khulna for confirmation of sentence of death. This Judgment will dispose of aforesaid appeals as well as ......question whether condition prevailing in our society will justify abrogation of capital sentence is the matter for the society to create public opinion. So the legislature is to bring about necessary amendment and till then judiciary is under legal obligation to award capital sentence in deserving c......pheld and reference is accepted. Sentence of death passed on each appellant is merely confirmed. Mohammad Sohrab Ali J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 57. ..Category: Criminal Law | Date: | Hits: 134
Noor Jamal Vs. State and another, 2009, 38 CLC (HCD)
....f 2005 under section 138 of the Negotiable Instruments Act, which is now pending in the Court of Metropolitan Assistant Sessions Judge, 5th Court, Dhaka should not be quashed. 2. Necessary facts for the purpose of disposal of this Rule is that the opposite party No.2, Phoenix Leasing Company Lt...... and filed the complaint on 12-10-2005 after 48 days of the issuance of the legal notice and thus the case was filed well within time. 25. The last contention of accused petitioner is that for the amendment of Clause (c) of section 141 of the Negotiable Instruments Act that "(C) no Court inferior......or the purpose of disposal of this Rule is that the opposite party No.2, Phoenix Leasing Company Ltd. represented by its authorized officer Md. Ruatom Ali Molla, as complainant filed a petition of complaint before the Chief Metropolitan Magistrate, Dhaka being CR Case No.2684 of 2005 alleging, inter..Category: Criminal Law | Date: | Hits: 103
Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with other 37 defendants for declaration of title in the suit land described in the schedule of the plaint. 3. It appears ......r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ...... on 26-9-2004) passed by the learned Joint District Judge, Court No.1, Noakhali in Title Suit No.25 of 2004 decreeing in the suit as alternative dispute resolution. 2. The respondent Nos.1 to 7 as plaintiffs instituted Title Suit No.25 of 2004 impleading the appellant as defendant No.35 with othe..Category: Alternative Dispute Resolution | Date: | Hits: 227
Md. Abul Boshar Vs. Minakhi Begum & others, 2011, 40 CLC (HCD)
....-11-2007 (decree signed on 20-11-2007) passed by the learned Joint District Judge, 3rd Court, Chittagong in Other Suit No.16 of 2000 dismissing the suit. 2. Material facts of the case as necessary for the disposal of the appeal are that the appellant as plaintiff filed the aforesaid suit being Ot...... being Civil Rule No.773 (F) of 2007 is discharged. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 519....... Sultana and Md. Abu Taleb, Advocates - For the Respondent No.1. First Appeal No. 412 of 2007 and Civil Rule No.773 (F) of 2007. Judgment Sheikh Abdul Awal J.- This appeal at the instance of plaintiff-appellant is directed against the judgment and decree dated 15-11-2007 (decree signed on 2..Category: Property Law | Date: | Hits: 105
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