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Bangladesh Vs. Abdul Aziz and others, 2005, 34 CLC (HCD)
....Syed Amirul Islam J.- This Rule arises out of an arbitration agreement entered into between the judgment-debtor and the decree-holder-opposite party No.1. The said agreement was executed on 22-6-1987 for laying cable at Mirpur Telephone Exchange and after completion of the work a dispute arose bet......cree is a nullity there remains nothing to proceed with the Execution case No.2 of 1998. Send down the Lower Court records at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 405.......ected for default. Without pressing the Leave Petition before the Appellate Division of this Court, however, the petitioner filed an application under Order 7, rule 11 of the Code for rejecting the plaint on 24-2-2000 and before that the opposite party-decree-holder on 16-1 -2000 moved for attach..Category: Alternative Dispute Resolution | Date: | Hits: 291
Nurjahan Begum Vs. Government of the Peoples Republic of and others, 1998, 27 CLC (HCD)
....espect of possession of the property. 3. The short facts relevant are that CS Plot No.1009 measuring an area of 0.60 acre of land appertaining to CS Khatian No.225 of mouza Kafrul, JL No.268 under former PS Keraniganj was owned and possessed by its recorded tenants namely; Sobhan Matbar and Nazar......hows that the petitioners entire 0.08 acre was not effected by the requisition in question and acquisition proceeding and this being the position the respondents had to resort to subterfuge by way of amendment of the earlier gazette notification when the petitioner filed Title Suit No.1138 of 1985. ...... 2-9-87 (Annexure H) and the notice dated 24-10-1987 (Annexure-J) within one month from the date of receipt of this judgment and order. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 426...Category: Property Law | Date: | Hits: 156
Abdur Rahman Vs. Sajjadur Rahman, 1999, 28 CLC (HCD)
.... of 1984 accepting the additional written statement. 2. The petitioner as plaintiff filed Title Suit No.164 of 1977 which was subsequently renumbered as Title Suit No.159 of 1984 on transfer. The aforesaid suit is for specific performance of contract of sale of the suit land. The petitioner has a...... off. If the pleadings of either party to the suit are too vague the Court may require such party to file additional written statement by way of further and fuller statement under the said rule. When amendment to the plaint is allowed Court should permit the defendant to file additional written stat...... Lawyers Involved: SK Sinha — For the Petitioner. Not Represented —For the Opposite party. Civil Revision No.37 of 1990. Judgment Md. Joynul Abedin J.- This Rule obtained by the plaintiff-petitioner is directed against the order dated 17-10-1989 passed by the Assistant Judge in..Category: Procedural Law | Date: | Hits: 148
Muklesur Rahman (Md.) Vs. Waziullah, 1998, 27 CLC (HCD)
.... dated 10-6-97 passed in Title Suit No.4 of 1995 should not be set aside. 2. The petitioner as plaintiff instituted Title Suit No.4 of 1994 in the Court of Senior Assistant Judge Sadar, Comilla for declaration of title and recovery of Khas possession alleging, inter alia, that the opposite par......eferably within 3 months from the date of receipt of this order. Let a copy of this order be sent to the court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 418.......nder Order 9 rule 13 of the Code of Civil Procedure which was preferred against the ex parte decree dated 10-6-97 passed in Title Suit No.4 of 1995 should not be set aside. 2. The petitioner as plaintiff instituted Title Suit No.4 of 1994 in the Court of Senior Assistant Judge Sadar, Comilla f..Category: Procedural Law | Date: | Hits: 131
.... Abdul Karim J.- This appeal at the instance of defendant No.1 is directed against the judgment and decree dated 23-4-1998 passed by the learned Subordinate Judge, 3rd Court, Dhaka decreeing the suit for specific performance of contract being Title Suit No.268 of 1981. The appeal arises out of the s......ismissed without any order as to costs. The judgment and decree passed by the trial Court is upheld.
Send down the record at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 412.
......23-4-1998 passed by the learned Subordinate Judge, 3rd Court, Dhaka decreeing the suit for specific performance of contract being Title Suit No.268 of 1981. The appeal arises out of the suit filed by plaintiff Hajee Abdul Wahab (since deceased) which is a residential house in Dhanmondi residential a..
Category: Property Law | Date: | Hits: 120
Ebadat Ali Vs. Ismail Hossain Akhond & others, 1989, 18 CLC (HCD)
....learned Subordinate Judge, Bogra have been transferred to the Courts of different Assistant Judges of different Upazilas within the district of Bogra under section 24 of the Code of Civil Procedure for trial and disposal. The above Rules are heard together and disposed of by this one judgment. ......t Judges Courts by the Civil Courts (Amendment) Ordinance, 1983 (Ordinance No.II of 1983) which came into force on the 24th January, 1983. The learned District Judge, Bogra in view of the aforesaid amendment in the pecuniary jurisdiction of the learned Munsifs, now Assistant Judges passed the impu......ne judgment. 2. Short facts giving rise to Civil Revision No.621 of 1987 (Dhaka) renumbered as Civil Revision No.520 of 1988 (Rangpur) may be a slated as follows:- 3. The present petitioners as plaintiffs instituted a suit on 17.9.80 being O.C. Suit No.305 of 1980 in the Court of the learned..Category: Procedural Law | Date: | Hits: 152
Monoranjan Mukharjee Vs. Election Commission Sher-e-Bangla Nagar, Dhaka & Others, 1989, 18 CLC (HCD
....ls upon the respondents to show cause as to why the order dated 13.1.88 Annexure B passed by the Upazilla Nirbahi Officer, respondent No.5 allowing respondent No.6 Abdul Jalil Biswas to seek election for the office of Chairman of No.4 Noapara Union Parishad, Upazilla Debhata, District Satkhira sha......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484.......r all the above reasons we find no ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 484...Category: Election Law | Date: | Hits: 220
Anwar Hossain Maji (Md.) & others Vs. State, 1988, 17 CLC (HCD)
....ved: ABM Nurul Islam, Advocate —For the Petitioner. Civil Revision No.392 of 1988. Judgment Fazle Hussain Mohammad Habibur Rahman J.- This is an application by six accused petitioners for issuing a Rule upon the respondents to show cause why the order dated 14.3.88 passed by the Sess......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ......t Magistrate, Additional Chief Magistrate and the Court of Sessions). On the above grounds the application is summarily rejected. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 410. ..Category: Procedural Law | Date: | Hits: 127
Sheikh Ahmed & others Vs. Abdul Alim, 1988, 17 CLC (HCD)
....Appeal No.231 of 1980 reversing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the petitioners one Kamaluddin and his vendor. The plaintiff’s ......ore me. I affirm the judgment and decree of the lower appellate Court. The result is the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 408.......e, 2nd Court, Chittagong in Other Appeal No.231 of 1980 reversing those of Mr. Md. Ali Khan, Munsif-in-Charge, 4th Court, Patiya in Other Suit No.85 of 1978. 2. The facts relevant are these: The plaintiff Abdul Alim filed a suit for permanent injunction against the petitioners one Kamaluddin an..Category: Property Law | Date: | Hits: 95
....uit land belonged to Kunjalal Shaha and Radhikalal Shaha in equal share; that Kunjalal Shaha died leaving 3 sons, namely, Dinesh, Manindra and Jogendra; that Manindra and Jogendra migrated to India before the birth of Pakistan; that by an amicable arrangement Dinesh got the properties in this coun......isposal in accordance with law and consonant to the observations made by this Court. The parties shall bear their respective costs.
Ed.
This Case is also Reported in: 42 DLR (HCD) (1990) 393.
......a suit instituted by opposite party No.1 seeking a declaration that the orders dated 28.7.78 and 12.4.82 passed by defendants 1 and 3 treating the land in suit as described in the schedule of the plaint as vested property were illegal, without jurisdiction and not binding upon him.
2. The cas..
Category: Administrative Law | Date: | Hits: 488
Ujjal Hossain (minor) & Others Vs. Firoja Khatun & Others, 1989, 18 CLC (HCD)
....tion are that deceased Kudrut Ali, the predecessor of the present petitioners, and opposite-party Nos.19 to 24 as plaintiffs instituted Title Suit No.72 of 1975 in the First Court of Munsif, Kushtia for declaration of title in respect of the suit land. The defendant opposite party Nos.2, 3, 4, 5,......ners as plaintiffs in the aforesaid suit and also to proceed with the suit in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 481.......rties in the above Title Suit. 2. Facts of the case as disclosed in the application are that deceased Kudrut Ali, the predecessor of the present petitioners, and opposite-party Nos.19 to 24 as plaintiffs instituted Title Suit No.72 of 1975 in the First Court of Munsif, Kushtia for declaration..Category: Property Law | Date: | Hits: 98
Anwara Khatun & Others Vs. Geasuddin Ahmed & Others, 1986, 15 CLC (HCD)
....ing to this in short are, that the petitioner as plaintiff instituted a suit being O.C. Suit No.166 of 1985 in the Court of Munsif, Sadar, Mymensingh, against the opposite party Nos.1-2 as defendants for permanent injunction restraining them from making illegal construction by violating the provisio......tance in this Rule, which is accordingly discharged, without any order as to costs. The order directing status quo is hereby vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 474.......l No.124 of 1985 dismissing the appeal by affirming that of the Senior Munsif, Sadar Mymensingh, passed in O.C. Suit No.166 of 1985. 2. Facts leading to this in short are, that the petitioner as plaintiff instituted a suit being O.C. Suit No.166 of 1985 in the Court of Munsif, Sadar, Mymensingh..Category: Civil Law | Date: | Hits: 178
Sahajahan and others Vs. State, 2012, 41 CLC (HCD)
.... section 439 of the Code of Criminal Procedure calling in question the legality of order dated 19.7.1992 passed by Special Tribunal No.2, Narayangonj rejecting an application filed by the petitioners for stopping the proceedings in Special Tribunal Case No.77 of 1990 and releasing them under section......ge, Munshigonj rejecting an application for stopping proceedings of the case and releasing the accused under section 339C of the Code. 11. Leave was granted, amongst other, to consider whether the amendment of section 339C by Act No. XLII of 1992, by which sub section (4) of section 339C was subs......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 124
Taju Mia and others Vs. State and another, 2012, 41 CLC (HCD)
....he Code of Criminal Procedure calling in question the legality of order dated 20.9.1992 passed by the Additional Sessions Judge, First Court, Comilla rejecting an application filed by the petitioners for stopping the proceedings in Session Case No.28 of 1989 and releasing them under section 339C (4)......ings in respect of trial and releasing the accused for nonconclusion of trial within the time-limit under section 339C (4) and that of revival of the case under section 339D were repealed. After such amendment, section 339C of the Code stands as follows: “339C. Time for disposal of the cases.- ......y to appear before the Court and shall consider their prayers for bail, if any. Send down the lower Court’s record. Mohammad Marzi-ul-Huq J.- I agree. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 112
Helal Uddin (Md.) Vs. Government of People's Republic of Bangladesh and others, 2003, 32 CLC (HCD)
....ute. Lawyers Involved: Abdul Hoque, Advocate—For the Petitioner. Altafur Rahman, Deputy Attorney-General with Farah Mahbub, Assistant Attorney-General—For Respondent No.1. Sk Yead Ali for Abdur Rashid, Advocates—For Respondent No.4. Writ Petition No. 3746 of 2002. Judgment ......etter vide Annexure D without however any resolution of the Governing Body of the College. On 22‑8‑2001 the deponent wrote a letter countersigned by the Deputy Commissioner to respondent No.2 for amendment of scale of the teachers including the petitioner. On 4-11-2001 senior teachers who are de...... April, 2000. The order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 506. ..Category: Employment/Service Law | Date: | Hits: 147
Asgar Ali and others Vs. Bangladesh and others, 2003, 32 CLC (HCD)
....d on 30-12-2002 though respondent No.4 illegally did not allow the petitioner No.2 to attend the said meeting and that last election of the Society took place on 22-6-1999 electing the Managing Board for 3 years i.e. upto 31-12-2001 and that the President of the Society in exercise of the power unde......rials on record. In reply to the submission made by Mr. AF Hasan Ariff as to the maintainability of the application Mr. SM Monir referred to section 3(28) of the General Clauses Act and submits after amendment by President's Order No.147 of 1972 the words- "LOCAL AUTHORITY— "Local Authority" sh...... decided by the ad-hoc Managing Board and the impugned order Annexure-D being issued by the President, the President also cannot be left to decide the dispute made against his action other words a complaint made against the President cannot be entrusted to be decided by the President. From the above..Category: Civil Law | Date: | Hits: 169
KN Enterprise Vs. Eastern Bank Ltd and others, 2011, 40 CLC (HCD)
....k Ltd and others…………………………Respondents Judgment February 23, 2011. Result: The appeal is dismissed. Case Referred to- Gooryonly (BD) Textile Ltd. Vs. Chartkar Information Holding Ltd., 54 DLR (AD) 70; Uttara Bank Vs. Macneill and Kilburn Ltd., 33 DLR (AD) 298; ......6/95 dated 26-7-1995 and No. PB/EXP/LC 325/95 dated 27-2-1995. So, altogether in the aforesaid two L/Cs come to US $ 1,64,750. Subsequently price of both the L/Cs were amended by the buyer, and after amendment, the total amount stands to US $ 1,85,000. 4. As the plaintiff Messrs KN Enterprise is ......ellant. Mahbubey Alam, Senior Advocate with Sk Reajul Hoque, Advocate - For the Respondent No.1-3. First Appeal No. 210 of 2005. Judgment Anwarul Haque J.- This appeal at the instance of plaintiff-appellant, is directed against the judgment and decree dated 27-7-2005 passed by the lea..Category: Civil Law | Date: | Hits: 212
Mahabubur Rahman and others Vs. State, 1990, 19 CLC (HCD)
....man and others................Petitioners Vs. The State……………………………………………………Opposite Party Judgment January 15, 1990. Result: The application for quashing the proceedings is summarily rejected. Cases Referred to- 27 DLR 55 (11); 29 DLR ......ers Act is exclusively cognizable by the Special Tribunal only on a report in writing by a Police Officer not below the rank of Sub-Inspector, the limitation of period of investigation as inserted by amendment in section 167 of the Code of Criminal Procedure has no manner of application in cases e......cated to the Court of the concerned Special Tribunal, Dhaka which is trying the present Special Tribunal Case No.169 of 1989 (Dhaka). Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 375. ..Category: Procedural Law | Date: | Hits: 117
Registrar Vs. Sahrab Jan & others, 1995, 24 CLC (HCD)
....tion of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by recalling P.W.1 to prove those document. 2. The opposite party No.1 has filed the suit for declaration of his title in .01 acre lands. His case is that some lands from the suit plot belon......e divided into paragraphs, numbered consecutively, dates, sums and numbers shall be expressed in figures.” and rule 7 of Order 6 has been worded as under: "No pleading shall except by way of amendment, raise any new ground of claim or contain any allegation of fact inconsistent with the pre......has been issued at the instance of the defendant against the orders dated 27.10.92 and 9.11.92 passed in Title Suit No.65 of 1991 by the Assistant Judge, First Court Dhaka allowing application of the plaintiff dated 10.10.92 facilitating him to bring into records two documents (Exts.22 and 23) by re..Category: Property Law | Date: | Hits: 126
Bangladesh Vs. Waker Ahmed and others, 1995, 24 CLC (HCD)
....ner. NH Khandker, Advocate ‑ For the Respondent No.1 Opposite Party. First Appeal No.73 of 1994. Judgment Md. Ansar Ali J.- This is an application by defendant respondent No.8 praying for stay of further proceedings of the Execution Case No.3 of 1993 pending in the Court of the Addit......contest by the impugned Judgment and decree dated 28.4.93 and declared title of the plaintiff‑respondent No.3 in the suit land and also granted relief for recovery of possession on the basis of the amendment of the plaint by the plaintiff vide Court’s order dated 29.4.92 during trail. Thereafter...... which First Appeal No.73 of 1994 preferred by the defendant Government defendant No.1 and another is pending in this Court. 2. Facts stated in the application in short are that respondent No.3 as plaintiff on 11.7.85 instituted a suit in the Court of the 3rd Court of the subordinate Judge, Dhaka..Category: Limitation Law | Date: | Hits: 211
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