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Anowar Hossain & others Vs. Abul Hossain Molla & others, 1991, 20 CLC (HCD)
....y Additional District Judge, Faridpur in Title Appeal No. 323 of 1969 reversing the Judgment and decree passed by Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the sc......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.......Munsif, Goalundo in TS No. 84 of 1968. 2. Plaintiff‑Appellant filed this suit for a declaration of title and confirmation of possession in respect of the land described in the schedule of the plaint. The case as set up in the plaint may briefly be stated thus: 3. The properties describ..Category: Property Law | Date: | Hits: 122
SA Alim Vs. Dr. Md. Golam Nabi and another, 1994, 23 CLC (HCD)
.... SA Alim, Advocate and President of Joypurhat District Bar Association guilty of the charge of gross professional and other misconduct and he has been debarred from practicing the profession of law before any Court, Tribunal or authority in Bangladesh for a period of three years. In the said Judgmen......he complainant brought it to the notice of the Tribunal that in the resolution book another resolution dated 21.5.92 appears to be forged and fabricated. In this resolution dated 21.5.92 some sort of amendment was made with regard to the resolution dated 3.5.92 stating that the resolution for not gi......ous Appeal, at the instance of Mr. SA Alim, President of the Joypurhat District Bar Association, is directed against the Judgment passed by the Bangladesh Bar Council Tribunal No.1 dated 3.5.94 in Complaint Case No.25 of 1992. 2. By the impugned Judgment the Bar Council Tribunal found Mr. SA Alim..Category: Others | Date: | Hits: 139
Abdur Gafur Vs. State, 1995, 24 CLC (HCD)
....ioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two different complainants before the Senior Special Judge, Manikgonj alleging offences under sections 406/409/420/109 of the Pen......he government. In the result, both the Rules are discharged and the orders of stay vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 90....... two Rules at the instance of the same set of petitioners except one in CR Case 3670 of 1991 having involved the same question of law are being disposed of by this Judgment. 2. Two petitions of complaints were filed by two different complainants before the Senior Special Judge, Manikgonj alleging..Category: Criminal Law | Date: | Hits: 112
M/s. Adamjee Jute Mills Ltd. Vs. Chairman, 3rd Labour Court and another, 1986, 15 CLC (HCD)
....rd Labour Court, Dhaka in I.R.O. Case No.10 of 1985 should not be declared to have been passed without any lawful authority and of no legal effect. 2. Shortly stated the relevant facts necessary for the disposal of the Rule are that the petitioner M/s Adamjee Jute Mills Ltd., a company incorp......to file the written statement within the time granted by the Court? 13. A defendant files a written statement under Order VIII rule 1(1) of the Code of Civil Procedure, which provides, after the amendment introduced by Ordinance No. XLVIII of 1983, as follows, - "(1) The defendant shall, at or ......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
Dalia Parveen Vs. Bangladesh Biman Corporation and another, 1995, 24 CLC (HCD)
.... called the Corporation and on March 2, 1985 she was absorbed on permanent basis as an air Stewardess. At the time of her appointment The Biman Corporation Employees (Service) Regulation, 1979 was in force. On February 5, 1995 Regulation No.11 of the said Regulations was substituted and according to...... age of retirement of the Flight Stewardess was fixed at 35 years reducing from 57 years, while the age of Flight Steward (Male) retirement age was fixed at 45 years. 3. The petitioner stated that amendment of regulation No.11 in the aforesaid manner is violative of Article 28 of the Constitution......n passed without any lawful authority and is of no legal effect. In the result the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 132...Category: Employment/Service Law | Date: | Hits: 361
Misir Ullah (Md) Vs. Syed Khalilullah Malek others, 1995, 24 CLC (HCD)
....the said Dargah Sharif was managed by the Committee set up by the local Muslims, Hazrat Shah Mostafa was one of the 360 companion Awalias of Hazrat Pir Shah Jalal (RM) and carried the banner of Islam for the first time to Moulvi Bazar and preached the religion for the rest of his life residing there......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
Nurul Huda Vs. Bahar Uddin & others, 1989, 18 CLC (HCD)
....e brought in section 29C of the Code of Criminal Procedure and the introduction of section 31(4) of the Code of Criminal Procedure or whether he shall be deemed to be an Additional Sessions Judge for all purposes under the Code of Criminal Procedure, namely, for hearing appeals, revisions, refer......n five years. The Division Bench held that an Assistant Sessions Judge shall be deemed to be an Additional Sessions Judge only for the purpose of passing higher sentences in a trial. No corresponding amendments having been made in the Chapters on appeal, revision, reference and review, it was held......of the Code in the then East Pakistan Act No. XXXVI of 1957, noted above, may take appropriate steps in the matter, if it so desires. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 395. ..Category: Criminal Law | Date: | Hits: 158
MA Jahangir & another Vs. Abdul Malek & others, 1989, 18 CLC (HCD)
.... Civil Revision No.11 of 1986. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file replies to the interrogatories made by the Subordinate Judge in a suit for dec......r the Petitioners. Moqbul Ahmed, Advocate - For the Opposite Party. Civil Revision No.11 of 1986. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file repli....... Moqbul Ahmed, Advocate - For the Opposite Party. Civil Revision No.11 of 1986. Judgment AM Mahmudur Rahman J.- The petitioner obtained this Rule against an order of amendment of the plaint, acceptance of valuation put on the plaint and for direction to file replies to the interro..Category: Procedural Law | Date: | Hits: 133
Kohinoor Chemical Company Ltd. & others Vs. Eastern Shippers & Traders Ltd., 1989, 18 CLC (HCD)
....ng a joint written statement denying all the material allegations made in the plaint. Thereafter the learned Subordinate Judge by his order 26.7.1987 framed the issues and September 8, 1987 was fixed for delivering the interrogatories by the plaintiffs. After taking several adjournments the plaint......ment of law as laid down under rule 1 of Order 11. He puts stress upon the expression within 'ten days from the date of framing issues' occurring in rule 1 of the Order which has been inserted by amendment. It is true that sometimes the word 'may' means 'shall' and the word 'shall' means 'may' i......f the Code of Civil Procedure as amended by Ordinance XLVIII of 1983 is mandatory or directory in nature. 2. To answer this question short facts necessary to state are that the opposite-party as plaintiff instituted a Money Suit in the Court of Subordinate Judge, 3rd Court, Chittagong against t..Category: Procedural Law | Date: | Hits: 133
Khalilur Rahman Vs. State, 1988, 17 CLC (HCD)
....7.11.76 with the Nalchity Police Station against the present petitioner and others alleging that on 27.11.76 the petitioner and others took away one-band radio, gold ring, soap, powder etc. and the informant recognised the petitioner as one of the dacoits. Police after investigation submitted char......aring for the State submits that as the proceeding ended with conviction and sentence, it was appealable and the appeal having been withdrawn the present application is not maintainable. 6. By amendment as noted above sections 395 and 397 were omitted from the schedule of Special Powers Act o...... wanted in connection with any other case. The prosecution may prosecute the accused-petitioner under ordinary law, if so advised. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 385. ..Category: Criminal Law | Date: | Hits: 120
Zulfiquar Ali Bhutto Vs. Bangladesh & others, 1989, 18 CLC (HCD)
....difying the judgment and order dated 19.8.86 passed by the Election Tribunal and Subordinate Judge, Jhalakati in Election Case No.2 of 1985. 2. The petitioner and opposite party No.4 contested for the post of Chairman of the Nalchity Upazila Parishad in the election held on 20.5.85 and in t......) and the office of the said Upazila Parishad has become vacant with effect from 12.6.86 in view of the Gazette notification dated 21.6.86. 5. The opposite, party No.4 filed an application for amendment of the Election Petition on 7.7.85 praying for impleading the Returning Officer and the A....... a declaration that the election as a whole is void. Rule 46 provides that every election petition shall be signed by the petitioner and verified in the mariner provided for the verification of the plaints in the Code of Civil Procedure. Rule 47 provides that every election shall be tried as nea..Category: Election Law | Date: | Hits: 252
Syed Ashfaque Hossain & others Vs. Bangladesh, 1989, 18 CLC (HCD)
.... J Syed Ashfaque Hossain & others.................Petitioners (In Writ Petition No. 425 of 1985). Vs. Bangladesh, represented by Secretary, Ministry of Land Administration and Land Reforms and others..................................Respondents (In Writ Petition No. 425 of 1985). ......inistration" were substituted. As such even the power of revision was parted with by the Government and the revisional power was entrusted to the Board not by any executive order but by a statutory amendment. 17. Similarly under sub-section (4) of section 149 of the Act the Government had the p......s of the petitioners to the extent of 5.80 acres as it originally stood. The Rule in Contempt Petition No.3 of 1987 is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 364. ..Category: Property Law | Date: | Hits: 129
....o.26 of 1986.
Judgment
Mozammel Hoque J.- This First Appeal is directed against the Judgment and decree passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 553 of 1981 (formerly Title Suit No.888 of 1979) decreeing the suit in favour of the plaintiff.
2. Respondent ......nd the Judgment and decree passed by the trial Court are hereby affirmed.
Send down the LC records immediately to the trial Court.
Ed.
This Case is also Reported in: 48 DLR (HCD) (1996) 193.
......ected against the Judgment and decree passed by the learned Subordinate Judge, 3rd Court, Dhaka, in Title Suit No. 553 of 1981 (formerly Title Suit No.888 of 1979) decreeing the suit in favour of the plaintiff.
2. Respondent No.1 being plaintiff instituted the aforesaid Title Suit for declaration..
Category: Property Law | Date: | Hits: 134
Israil (Md.) Hossain Vs. Shah Iqbal Ahsan and others, 1995, 24 CLC (HCD)
.... of 1993) against order dated 28.8.93 passed by the 1st Assistant Judge, Dhaka, rejecting the application of the defendant‑petitioner to transfer the suit. 2. The opposite parties filed the suit for ejectment of the defendant‑petitioner who is a monthly tenant on the ground of bonafide requir......iable to be discharged. Accordingly, the Rule is discharged without any order as to costs. The stay order granted earlier is vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 173. ......nthly tenant on the ground of bonafide requirement for construction of multi‑storied building. The defendant filed written statement stating, inter alia that for new construction as proposed by the plaintiff demolition of the suit premises is not necessary as it does not create any obstruction for..Category: Procedural Law | Date: | Hits: 125
Nazrul Islam and others Vs. State, 1999, 28 CLC (HCD)
....ial Judge, Khulna arising out of DAB GR No.3 of 1999 corresponding to Mirpur PS Case No.9 dated 29-7-92 should not be quashed. 2. It appears that the above case was started on the basis of First Information Report lodged by District Anti-Corruption Officer, Kushtia. The allegation is that, accuse......of the Criminal Law Amendment Act was amended by inserting section 5A by giving reference to the provisions of sub-section (5) of section 167 of the Code of Criminal Procedure. According to him, this amendment was only with regard to the time limit for investigation and the newly added section provi......is directed to proceed with the case in accordance with law and dispose of the same expeditiously. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 368...Category: Criminal Law | Date: | Hits: 108
Bangladesh General Insurance Co. Ltd. Vs. Chalna Marine Products Co. Ltd., 1999, 28 CLC (HCD)
....y the sole defendant against the judgment and decree dated 31-7-94 and 8-3-94 respectively passed by the learned Subordinate Judge, First Court, in Money Suit No.24 of 1989 decreeing the suit in full for an amount of Taka 47,13,905.70 only. 2. First Appeal No.129 of 1995 has been filed by the sam......sult, the FA No.129 of 1995 is dismissed without any order as to costs. Send down the lower Court records of both the suits at once. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 357....... against the same Judgment and out of same and identical facts and those having been heard analogously by this Court, we like to dispose of the said appeals by the same judgment as follows: 4. The plaintiffs case is that, he filed the aforesaid Money Suit on the facts, inter alia, in short, that,..Category: Business or Commercial Law | Date: | Hits: 522
Nurul Abser Chowdhury Vs. Jesmin Akther, 1999, 28 CLC (HCD)
....firming those dated 16-2-97 passed by the Family Judge-cum Assistant Judge, First Court, Patiya, Chittagong in Family Suit No.31 of 1996 should not be set aside. 2. The only question that survives for determination in this Rule is whether the concurrent decision of the Courts below warrant any in...... Rule and subsequently extended from time to time lastly on 16-11-98 stand vacated. Lower Court’s record be sent down immediately. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 352.......r section 115 of the Code of Civil Procedure. 3. For the purpose of answering to the question posed, the factual canvass of the matter may be adverted to in brief. 4. The Opposite Party No.1 as plaintiff laid a suit being Family Suit No.31 of 1996 in the Family Court cum Assistant Judge, Patiy..Category: Family Law | Date: | Hits: 211
Ayat Steels Limited Vs. Mohammad Ali, 2011, 40 CLC (HCD)
....ent Bank but eventually the loan was not repaid by the borrower as a result Islami Bank Bangladesh Limited (herein after referred to as respondent bank) instituted Artha Rin Adalat Suit No.29 of 2005 for realization of loan amount of Tk. 51,73,81735.02 before the Artha Rin Adalat, 1st Court, Chittag...... Rule being CRNo.421 (fm) of 2010 also stands disposed of accordingly. Send down a Copy of this order to the trial Court, at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 417. ......as being not pressed and Civil Petition for Leave to Appeal No.808 of 2008 was dismissed on merit. 7. During pendency of the Civil Petition for Leave to Appeal the appellant Ayat Steels Limited as plaintiff instituted Other Suit No.3 of 2010 before the Joint District Judge, 1st Court, Chittagong ..Category: Civil Law | Date: | Hits: 235
Abul Hashem Khan & others Vs. Md. Shamsuddin Khan & others, 1989, 18 CLC (HCD)
.....- This appeal at the instance of the defendants is directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decreeing the suit for specific performance of contract. 2. The plaintiffs respondents instituted the suit against......material facts and the plaintiffs having omitted to mention them in the plaint they can not be permitted to give evidence thereof at the trial in view of Order 6, rule 2, Civil Procedure Code without amendment of the plaint under Order 6, rule 17, C.P.C. and that the evidence given on these facts ......s directed against the judgment and decree of the learned Subordinate Judge, 1st. Court, Dhaka passed in Title Suit No.301 of 1980 decreeing the suit for specific performance of contract. 2. The plaintiffs respondents instituted the suit against the defendants appellants and proforma defendan..Category: Business or Commercial Law | Date: | Hits: 349
Muzaffar Ali and another Vs. Monwara Hospital & others, 1997, 26 CLC (HCD)
....and order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of t......order dated 25-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of the C......5-2-95 passed by the Additional Subordinate Judge Court, Dhaka in title suit No.62 of 1991 wherein the seamed Court has added 3rd party as defendant No.3 in the suit and passed order for amendment of plaint and correction of suit register, accordingly, under Order I, rule 10(2) of the Code of Civil ..Category: Procedural Law | Date: | Hits: 121
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