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Jinnatunessa Vs. Bangladesh, 1995, 24 CLC (HCD)

.... Appeal of 1986 affirming the ex parte Judgment and decree dated 11.2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh in OC Suit No.492 of 1981 decreeing the suit. 2. The short facts for disposal of the Rule are that the opposite party government as plaintiff instituted a suit for d...... Subordinate Judge, 1st Court, Mymensingh in OC Appeal No.125 of 1986 are hereby set aside and the OC Suit No.492 of 1981 is dismissed. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 208........2.86 passed by the Assistant Judge, 2nd Court Sadar, Mymensingh in OC Suit No.492 of 1981 decreeing the suit. 2. The short facts for disposal of the Rule are that the opposite party government as plaintiff instituted a suit for declaration against the petitioner as defendant for a declaration th..

Category: Limitation Law | Date: | Hits: 239

Moktar Hossain Vs. Budhi Bala Dashi, 1994, 23 CLC (HCD)

....d by one Jogendra Bhusan Talukdar in favour of the plaintiff and three others since dead. 2. It appears from record that on 18.8.76 the plaintiff‑respondent No.1 Budhi Bala Dasi filed a petition for granting a Letter of Administration of the said Will under section 276 of the Succession Act to ...... of Mr. Amin is sustainable in law and they have no legs to stand upon. The result is that the appeal is dismissed without cost. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 202. ......ants against the Judgment and decree of the learned Additional District Judge, 1st Court, Pabna, granting letters of administration of a Will executed by one Jogendra Bhusan Talukdar in favour of the plaintiff and three others since dead. 2. It appears from record that on 18.8.76 the plaintiff‑..

Category: Property Law | Date: | Hits: 183

Muzaffor Hossain Vs. Md. Shahidullah and others, 1999, 28 CLC (HCD)

....r of stay stands vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 400....... Bogra for disposal. In the appeal the appellant-opposite party No.1 filed an application under the provisions of Order 6, rule 17 read with sections 153 and 107(2) of the Code of Civil Procedure for amendment of the plaint. The amendments ought were that (i) For a decree of mandatory injunction dir......al. In the appeal the appellant-opposite party No.1 filed an application under the provisions of Order 6, rule 17 read with sections 153 and 107(2) of the Code of Civil Procedure for amendment of the plaint. The amendments ought were that (i) For a decree of mandatory injunction directing the defend..

Category: Civil Law | Date: | Hits: 200

Lal Banoo and others Vs. Md. Yasin Abdul Aziz and others, 1989, 18 CLC (HCD)

....anj, District Dhaka belonged to Faloo alias Sk. Faloo as Jote Faloo (রায়াতিস্বত্বে স্থিতিবান) =occupancy raiyat. Fa­loo had 16 annas raiyaty right in the aforessid plots of the said two Khatians. While he was owning and possessing the aforesaid lands in a......rsons having interest in the suit properties have been added as parties to the suit and also because all the joint properties have been brought into the hatchpotch since the plaintiffs made necessary amendments in the plaint and in the schedule to the plaint to meet the objection raised by the conte......o.10 Amjad Ali) is directed against the judgment and decree passed by Mr. Nasiruddin Humayun Chowdhury, Subordinate Judge, 1st Court, Dhaka on 16.5.67 in Title Suit No.153 of 1964. 2. In this suit plaintiffs 1-30 as heirs of origi­nal owner Faloo's two daughters Joytonnessa and Anwara Bibi claim..

Category: Property Law | Date: | Hits: 135

Karnafully Paper Mills Sramik Karmachari Union Vs. Registrar of Trade Union, 1989, 18 CLC (HCD)

.... Judgment July 23, 1989. Result: The Rule is made absolute. Cases Referred to- Secretary of State Vs. Mask and Co., 44 C.W.N., 709; Wolverhampton New Water Works Compa­ny Vs. Hawkesford, 37 L.J. 248; Mian Sultan Ali Nanghiana Vs. Mian Nur Hussain P.L.D. 1949 Lahore 301. Lawyers......Sramik Karmachari Union brought a petition before the Labour Court, I.R.O. Case No.43 of 1988 under section 34 of the Industrial Relations Ordinance, 1969 for direction to the Registrar to record the amendment of the consti­tution and change of nomenclature of Karnafully Pa­per Mills Sramik Karmac......he Opposite Party No.3. Amirul Kabir Chowdhury, Advocate—For the Opposite Party No.4. Civil Revision Nos. 329 and 330 of 1988. Judgment AKM Sadeque J. - These two Rules obtained by the plaintiff under section 115(1) of the Code of Civil Procedure are di­rected against the judgment an..

Category: Labour and Industrial Law | Date: | Hits: 179

Marine Oil Broking Company Pte Ltd. Vs. MV Daizu Maru & others, 2002, 31 CLC (HCD)

....e Plaintiff. SK Siddique, with Al‑Amin Sarkar, Advocates—For the Defendants. Admiralty Suit No.5 of 1997. Judgment ABM Khairul Haque J.-This Admiralty Suit has been instituted praying for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal ......ing MOBCO as the seller and Trigonmar as the buyer of the nominated bunker stem at Port Said (Exhibit 8) 9. Telex message dated 8‑8‑1996 from Optima Chartering to MOBCO (Exhibit 9), requesting amendment of stem, 10. Telex message dated 8‑8‑1996 from MOBCO (Exhibit 10) 11. Fax messag......ing for a decree for an amount of US $ 84,131.63 equivalent to Taka 35,33,519.64, against the principal defendants on account of supply of bunkers in the ship, namely, MV Daizu Maru. In this suit the plaintiff, Marine Oil Broking Company Pte Ltd. (MOBCO) is a bunker supplier at various sea ports all..

Category: Admiralty Law or Maritime Law | Date: | Hits: 394

Nurul Islam and others Vs. Azimon Bewa, 1998, 27 CLC (HCD)

.... Nessa, 46 DLR 103; Abdul Motaleb Biswas Vs. Matulla @ Matiur Rahman, 6 DLR 202; Faridunnessa Vs. Mukhter Ahmed, 52 IA 342; Fazal Ahmed Vs. Achia Khatoon, 36 DLR 144. Lawyers Involved: Lutfor Rahman Mondal, Advocate — For the Petitioners. Zillul Haque with Razaun Nabi, Advocates ......as to costs. The record shall be sent down to the courts below at once. The order of stay granted earlier if any is hereby vacated. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 451....... same date showing transfer of 6.271/2 acres land by each of the two deeds being the remaining heba-bil-ewaz in nature alleged to have been made in exchange for three copies of the Holy Quran, by the plaintiff, in favour of defendants 1-4 sons of plaintiffs’ son Masimuddin. 3. It is admitted..

Category: Property Law | Date: | Hits: 103

Muslim Ali (Md.) Vs. Dhaka Bar Association and others, 1998, 27 CLC (HCD)

....rit Petition No. 1448 of 1998. Judgment AM Mahmudur Rahman J.- The petitioner is an Advocate and was a member of the Dhaka Bar Association. He suspended his practice as an Advocate with prior information to the Bangladesh Bar Council when he got a Government job. While in service he made some ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ......n as quickly as possible. For the aforesaid reasons and with the aforesaid observation I reject this petition in limine. No costs. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 446. ..

Category: Others | Date: | Hits: 143

Anwar Hossain Vs. Momtaz Begum, 1999, 18 CLC (HCD)

....ming the judgment and decree dated 7-9-1995 and 13-9-1995 respectively passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above me......entioned Family suit are also set aside. Stay granted earlier by this Court is vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 444. ......ely passed by the Senior Assistant Judge, Mohanganj, Netrakona in Family Suit No.14 of 1994 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that the opposite party as plaintiff instituted the above mentioned family suit in the Court of Senior Assistant Judge and Fami..

Category: Family Law | Date: | Hits: 230

Uttara Jute Fibres Industries and another Vs. Ashraf Jute Mills Ltd., 1992, 21 CLC (HCD)

.... Ltd., 28 DLR (AD) 70 . Lawyers Involved: S R Pal with T Islam and AKM Nazrul Islam, Advocates- For the Appellant (In Appeal No. 13 of 1991). Rafiq-ul-Huq with Md. Fazlul Houque, Advocates- for the Appellant (In Appeal No.12 of 1993). Khondoker Mahbuddin Ahmed with AQM Fazlul Huq Khan, ......babad High Court in the case of Kayasth Trading and Banking Corporation Vs. Sal Narain Singh and others reported in AIR 1921(Allahabad) 149 were contrary to each other. To overcome this difficulty an amendment was made in section 232 of the Companies Act by inserting the words "or any sale held with...... the jute, jute goods, spare parts, etc. pledged with the Rupali Bank are concerned, the Official Liquidator will take necessary steps. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 452...

Category: Company Law | Date: | Hits: 317

Shafiquir Rahman Vs. Mir Nazmul Hossain Khan & others, 1992, 21 CLC (HCD)

....passed by the learned Subordinate Judge, 2nd Court, Sylhet in Title Suit No.423 of 1981 rejecting the plaint under Order 7 rule 11 of the Civil Procedure Code. 2. This plaintiff instituted the aforesaid suit for a declaration that the award dated 5.8.79 given by the defendants 1‑6 and Mvi. A......he judgment and order passed by the learned Subordinate Judge is upheld but on different ground. There will be no order as to cost. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 428.......azrul Islam Chowdhury and Md. Abdur Rab, Advocates- For the Opposite parties. Appeal from Original Decree No. 42 of 1982. Judgment Mohammad Ismailuddin Sarker J.- This appeal by the plaintiff‑appellant is against the judgment and order dated 19.12.81 passed by the learned Subordi..

Category: Alternative Dispute Resolution | Date: | Hits: 362

Abu Taher Miah Vs. Farazuddin Sarker and others, 1989, 18 CLC (HCD)

....t No.1 as Chairman of the said un­ion parishad in this Writ of quo-warranto alleging, inter alia, that election of Chairman of the said un­ion parishad was held on 10.2.88. There were 7 contestants for the said post including the respondent No.1. On 10.1.88 the contestants filed their nomi­nation...... with costs. We direct the petitioner to pay Tk.1000/- in cash as costs of this Rule to the respondent No.1 within one month from date. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 543.......ing of office as Chairman of the said union parishad is illegal and unauthorised. In support of his contention Mr. Faz­lul Karim has referred to Annexure C to the writ pe­tition. Annexure C is a complaint dated 13.1.88, be­fore the appellate authority, by one Md. Abdul Khaleque raising objection ..

Category: Election Law | Date: | Hits: 216

Saifur Rahman Vs. Bangladesh through the Secre­tary, Ministry of Agriculture and others, 1989, 18 CLC (HCD)

....ner is a Subject Matter Officer, Upazila Krishi Office, Habiganj in the Ministry of Agriculture, Government of Bangladesh in the New National Scale of Pay of Tk. 750-1470/-. He filed an application before the Administrative Tribunal under section 4 of the Administrative Tribunals Act, 1980 (Act No. ...... is discharged with­out any order as to costs. Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 538....... is discharged with­out any order as to costs. Let a copy of this judgment be forwarded to the Ministry of Law and Justice at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 538...

Category: Administrative Law | Date: | Hits: 445

Bangladesh House Build­ing Finance Corporation Vs. Chairman, First Labour Court & others, 1989, 18 CLC (HCD)

....he was posted at the Dhaka Office of the said Corporation. The Petitioner transferred the Respondent No.2 to its Office at Comilla. The Respondent No.2, thereafter, filed I.R.O. Case No.267 of 1988 before the 1st Labour Court, Dhaka challenging the said order of transfer on the ground that he being ......assed by the 1st Labour Court, Dhaka in I.R.O. Case No.267 of 1988 is declared to be without lawful authority and of no legal effect. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 341. ......if the employee is dissatisfied with any such decision.......shall be determined by the Minister, and the Minister's determination shall be final." A point was raised by the defendants that since the plaintiffs right to superannuation was re­quired to be determined by the Minister under the above S..

Category: Procedural Law | Date: | Hits: 273

Chittagong Port Autho­rity Vs. Hong Kong Shipping Lines & others, 1989, 18 CLC (HCD)

....y Vs. Md. Ishaque and others, 35 DLR (AD) 364. Lawyers Involved: M. Fazlul Karim, Advocate - For the appellant. P. Bhattacharya, Advocate - For the respondents Nos.1 & 2. Mokbul Ahmed for Mozammel Huq, Advocate - For the respondent No.3. Appeal from Appellate Decree No.174 of 1970......judgment and decree of the lower appellate Court and dismiss the suit against the defendants. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 332. ...... of defendant No.3 is against the judgment and decree passed by the learned Subordinate Judge, First Court, Chittagong reversing those of the learned Munsif, First Court, Sadar, Chittagong. 2. The plaintiff M/s. South British Insurance Co. Ltd. instituted Money Suit No.174 of 1964 against the def..

Category: Business or Commercial Law | Date: | Hits: 397

Kamruzzaman Khan Vs. Shahidul Alam Khan and others, 1998, 27 CLC (HCD)

....udgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, inter alia, that the property bel......t Court and SCC Judge, Faridpur in SCC Suit No.1 of 1995 are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 393. ......7 and is directed against the judgment and decree dated 30-11-1996 passed by the learned Subordinate Judge, 1st Court, Faridpur in SCC Suit No.1 of 1995 decreeing the suit. 2. Opposite party as plaintiffs instituted the suit for recovery of khas possession by evicting the defendant stating, in..

Category: Property Law | Date: | Hits: 101

Abdul Mannan Khan Vs. Government of the Peo­ple's Republic of Bangla­desh & others, 1990, 19 CLC (HCD)

....rishad and Upazila Administration Re-Organisation) (Third Amendment) Ordinance, 1989 making thereof, among other provisions, a Chairman of a Union Parishad shall be disqualified from election as, or, for being a Chairman of the Upazila Parishad. 2. It is stated that the Election Commission has gi......r. Syed J.R. Modassir Hossain, the learned Deputy Attorney General. An affidavit-in-opposition has been submitted on be­half of the Respondent No.1. In para 4 thereof, it is stated that prior to the amendment made by the Local Government (Upazila Parishads and Upazila Admin­istration Re-Organisati.......90. As the hearing could not be completed, we heard the matter to-day, the 17th February, 1990, Saturday and delivered the judgment. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 316. ..

Category: Election Law | Date: | Hits: 391

Golam Beg Vs. Hajera Begum, 2010, 39 CLC (HCD)

....any other order passed as this Court may deem fit and proper. 2. By the same Rule issuing order dated 30-7-2006, operation of the impugned Judgment and decree was stayed. 3. The necessary facts for disposal of the Rule are that the 'Ka Schedule' land appertained to SA Khatian No.232 and some o...... written statement if the plaint is amended. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 452. ......Schedule' land appertained to SA Khatian No.242 and some other SA Khatians under, mouza-Raghunathpur, Thana and District Narail and 'Ga Schedule' movable property belonged lo Zitu Beg, husband of the plaintiff Hazen Begum. Zitu Beg had no issue and he sold some of his land to one Md. Shahidul Islam...

Category: Property Law | Date: | Hits: 103

Motiur Rahman Vs. AKM Shamsul Alamin and another, 2010, 39 CLC (HCD)

....er dated 10-11-1999, operation of the Judgment and decree dated 10-4-1995 passed by the Subordinate Judge, Arbitration Adalat, Dhaka in Title Suit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin (since......s Appeal No.76 of 1997 is hereby maintained. Send down the LCR along with copies of this Judgment to the Courts below immediately. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 449. ......uit No.106 of 1992 was stayed. 3. The necessary facts for disposal of the Rule are that on 4-1-1978, the opposite party No.1 Mr. AKM Shamsul Alamin (since dead, his heirs have been substituted) as plaintiff instituted Title Suit No.4 of 1978 in the First Court of Subordinate Judge, Dhaka against ..

Category: Procedural Law | Date: | Hits: 170

Tarique Rahman Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....Case No.126 of 2010 corresponding to ACC GR Case No.83 of 2009 arising out of Cantonment PS Case No.08 dated 26-10-2009 under Section 2/4(2) of the Money Laundering Prevention Act, 2009 now pending before the Court of the learned Metropolitan Senior Special Judge, Dhaka in violation of fundamental r......4-2008. Money Laundering Prevention Act 2009 was enacted on 24-2-2009. Money Laundering Prevention Act 2002 was repealed by Money Laundering Prevention Ordinance, 2008 which was promulgated with some amendments of Money Laundering Prevention Act, 2002. The short title of the Money Laundering Prevent......y, the Rule is discharged without any order as to costs. The trial Court is directed to proceed with the case in accordance with law. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 524. ..

Category: Criminal Law | Date: | Hits: 112