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Ibrahim Khalil and others Vs. Mujibur Rahman and others, 2012, 41 CLC (AD)
....lil and others………………........Petitioners Vs. Mujibur Rahman and others……..............Respondents Judgment July 30, 2012. Result: This petition is dismissed. Suit for specific performance of contract In a suit for specific performance of contract, the questio......servation that the findings of the Courts below not relating to specific performance of contract shall be deemed to have been expunged. Ed. This Case is also Reported in:18 BLC (AD) (2013) 23. ......s of the contract. There is no scope for consideration of the issue of title of contesting defendants in a suit for specific performance of contract and this suit should have been limited between the plaintiffs and defendant. Adding of defendant by setting up independent title cannot be adjudicated ..Category: Civil Law | Date: | Hits: 186
Md. Omar Ali Mondal and others Vs. Md. Abdul Hamid and others, 2012, 41 CLC (AD)
....appeal is dismissed. Lawyers Involved: Md. Nurul Amin, Advocate, instructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1076 of 2009. (From the judgment and decree dated 29.01.2009 passed by the......on proper appreciation of law and facts do not call for interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in:......al No.1076 of 2009. (From the judgment and decree dated 29.01.2009 passed by the High Court Division in Second Appeal No.291 of 1978). Judgment Syed Mahmud Hossain J. - By this petition, the plaintiffs-petitioners seek leave to appeal against the judgment and decree dated 29.01.2009 passed ..Category: Property Law | Date: | Hits: 101
....of 2007 rejecting the plaintiff of the suit.
2. The appellant as plaintiff on 8-4-2007 instituted Title Suit No.83 of 2007 in the 5th Court of Joint District Judge, Dhaka against the respondents for declaration that the order dated 5-7-1994 terminating the plaintiff from the service of the de......t, Dhaka in Title suit No.83 of 2007 rejecting the plaint of the suit is maintained and upheld.
Send down the lower Court records.
Ed.
This Case is also Reported in: 63 DLR (HCD) (2011) 359.
......tes - For the Appellant.
AQM Safillah with Mohammad Ali Jimah, Advocate - For the Respondents.
First Appeal No. 348 of 2007.
Judgment
Farid Ahmed J.- This Appeal at the instance of the plaintiff was directed against the judgment and decree dated 12-9-2007 passed by the learned Joint D..
Category: Employment/Service Law | Date: | Hits: 175
Afifa Sultana Vs. Judge, Artha Rin Adalat and others, 2011, 40 CLC (HCD)
....ondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......as to costs. The order of stay granted earlier by the Court stands vacated. Communicate the judgment to respondent No.1 at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 354. ......ddin is the full brother of the petitioner and Managing Director of the Company. Respondent No.3 by misleading the petitioner managed to mortgage her properties fully described in the schedule of the plaint of Title Suit No.45 of 2003. The Company obtained loan from respondent No.2, Rupali Bank Limi..Category: Civil Law | Date: | Hits: 269
....mander, Dinajpur made a surprise visit to the border areas of the said Boirchuna border outpost. The petitioner No.1 states that the said respondent No.3 sent a Bangladesh Rifleman to the outpost informing that some smugglers were caught with some old cycles and some pieces of clothes and he asked......nd. The petitioners have not been awarded any punishment under Article 11 of P.O.No.148 of 1972. Discharge from service is not a punishment mentioned in Article 11 of P.O.No.148 of 1972.
14. By an amendment called the Bangladesh Rifles (Special provisions) Ordinance, 1976 (Ordinance No. LXXXV o...... service cannot be sustained.
In the result, the Rule in all the Writ petitions are made absolute but without any order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 459...
Category: Others | Date: | Hits: 167
Haji Karamat Ali Master Vs. Lehajuddin Talukder & others, 1988, 17 CLC (HCD)
...., Barguna, in Title Appeal No.25 of 1985 reversing the judgment and decree dated 29.3.84 and 18.4.84 respectively passed by the Munsif, Barguna decreeing-Title Suit No.46 of 1981. 2. The suit is for a declaration that the kabala purported to have been executed on 9.2.79 by defendant No.2 Men......d cancelled. A copy of the decree be sent to the Sub-Registrar concerned for necessary note in the relevant book maintained by him. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 447.......site Party No.1. Civil Revision No. 122 of 1985. Judgment DM Ansaruddin Ahmed J.- This Rule issued on an application under section 115 of the Code of Civil Procedure at the instance of the plaintiff is directed against the judgment and decree dated 6.6.85 and 8.7.85 respectively passed ..Category: Property Law | Date: | Hits: 82
Dr. Suraiya Hossain Vs. Taherunnessa, 1988, 17 CLC (HCD)
....d 1.1.1981, Dr. Suraiya Hossain, wife of Dr. A.S.M.T. Hossain was inducted into the house as a tenant by the landlady Mrs. Taherunnessa in the 1st floor of the said three storied residential building for residential purposes. The tenant Dr. Suraiya Hossain and her husband, both of whom are foreign q......d for them to vacate. In the facts and circumstances of the cases there will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 441....... rent case on contest with costs on the ground that House Rent Case No.486 of 1983 has already been dismissed for default and that no supporting document was filed by the petitioner in support of her plaint case that she paid rents regularly. Against that Dr. Suraiya Hossain went on appeal and the..Category: Property Law | Date: | Hits: 88
....er instituted Title Suit Nos.25 of 1970 and 26 of 1970 in the Court of the Subordinate Judge at Khulna against Adamjee Insurance Co. Ltd. and Eastern Federal Union Insurance Co. Ltd. respectively for passing a judgment in terms of the award under section 17 of the Arbitration Act. On the appli......lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
......lt all the three appeals are dismissed but in the facts and circumstances of the case we direct the parties to bear their own costs.
Ed.
This Case is also Reported in: 42 DLR (HD) (1990) 125.
..
Category: Business or Commercial Law | Date: | Hits: 290
Abdul Latif & another Vs. Attar Ali, 1989, 18 CLC (HCD)
.... Suit No.245 of 1975 should not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants petitioners in the 1st Court of Sadar Munsif Sylhet for declaration of his right of pathway over the disputed second schedule land of the plaint which i......appeal below occasioning any failure of justice, no interference is called for. The rule is discharged without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 115.......udge, in Title Appeal No.103/83 affirming those dated 14.4.83 and 21.4.83 respectively passed in Title Suit No.245 of 1975 should not be set aside. 2. A suit being T.S.No.254/1975 was filed by the plaintiff opposite party against the defendants petitioners in the 1st Court of Sadar Munsif Sylhe..Category: Civil Law | Date: | Hits: 152
Emdadul Hoque Miah Vs. People's Republic of Bangladesh, 1989, 18 CLC (HCD)
....tion of the office the petitioner has been discharging his function as Chairman of the Parishad to the satisfaction of all concerned. The term of the office of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section......n of the Parishad to the satisfaction of all concerned. The term of the office of the Upazila Chairman previously was for 3 years and thereafter it was extended for a period of 5 years by way of an amendment of section 5 of the Ordinance LIX of 1982 by Ordinance No.XXV of 1985 published in officia......e prescribed authority in violation of statutory provision of law and has offended the principle of natural justice. The respondent thereafter filed supplementary affidavit stating that upon a complaint filed by District Anti-Corruption Officer, Rangpur a criminal case was started against the pe..Category: Others | Date: | Hits: 175
National Bank Ltd. Vs. Haroon Malik and Others, 1989, 18 CLC (HCD)
.... the appeal and reversing the judgment and order dated 1.11.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.116 of 1983. 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the sponsor Director of National Bank Lt......atter. Therefore, we do not find any ground for interference. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 42 DLR (HD) (1990) 103.......itle Appeal No.347 of 1983, allowing the appeal and reversing the judgment and order dated 1.11.83 passed by the learned Subordinate Judge, 3rd Court, Dhaka in Title Suit No.116 of 1983. 2. The plaintiff-opposite party filed the aforesaid Title Suit for a declaration that the plaintiff is the ..Category: Business or Commercial Law | Date: | Hits: 282
Abdul Aziz and others Vs. Sahajuddin Mollah and others, 1995, 24 CLC (HCD)
....g aside the Judgment and decree passed by Upazila Munsif (now Asstt. Judge) Tongibari on 25.3.87 in Title Suit No.24 of 1984 decreeing the suit. 2. The petitioners being plaintiffs instituted the aforesaid Title Suit No.24 of 1984 in the Court of the Munsif, Tongibari upazila impleading the oppos...... is an old case of 1984 the trial Court is hereby directed to complete die trial within 4 months positively on receipt of the record. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 164. ......etitioners. A Baset Majumder with, Ambia Balbul Reza, Advocates ‑ For the Opposite Parties. Civil Revision No.1607 of 1990. Judgment Mahfuzur Rahman J.- This Rule at the instance of the plaintiff petitioners is directed against the Judgment and decree passed by Subordinate Judge Munshi..Category: Property Law | Date: | Hits: 96
Niamatullah @ Chand (Md.) Vs. State and others, 1995, 24 CLC (HCD)
....etitioner. AS Mamun, Assistant Attorney-General - For the State. Criminal Revision No.3237 of 1991. Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the accused‑petitioner is for quashing the order 11.7.91 passed by the District Magistrate, Noagaon reviving Special Tribunal ......assed by the learned District Magistrate on 11.7.91 was beyond the period of 6 (six) months from that date and, as such, illegal. 5. Scheme of the provisions of section 167 as it stood before the amendment of the said section by Act No.42 of 1992 was that Magistrate concerned shall make an order......of this Rule. In the result, the Rule is discharged and the order of stay stands vacated. Communicate the order to the Court below. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 148...Category: Criminal Law | Date: | Hits: 82
Mozibul Huque Vs. State and Others, 1996, 25 CLC (HCD)
....am Mamun, Assistant Attorney-General ‑ For the State. Criminal Revision No.232 of 1990. Judgment Kazi Ebadul Haque J.- This Rule at the instance of the accused petitioner, Mojibul Haque is for quashing the proceedings of Special Case No.67 of 1981 pending in the Court of Divisional Specia...... special case within two years from 20.1.87 either in the case proceedings of which was stopped or deemed to have been stopped under the provisions of section 339C of the Code as it then stood before amendment by Act No. XLII of 1992. 10. In the instant case we have already found that the trial ...... Court below which is directed to issue warrant of arrest against the accused persons for securing their production before the Court. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 146...Category: Procedural Law | Date: | Hits: 99
Abu Sama Vs. Abu Syed and others, 1995, 24 CLC (HCD)
....Abu Sayeed Ahammed J.- The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975 allowing an application for correction of the plaint and the decree passed on 15.12.83, by inserting the names of the opposi......, the Rule is discharged with costs all through against the petitioner. The stay order granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 141....... The revision calls in question the propriety of the order dated 2.11.92 passed by the Senior Assistant Judge, Cox’s Bazar in Other Suit No.182 of 1975 allowing an application for correction of the plaint and the decree passed on 15.12.83, by inserting the names of the opposite Nos.1, 2 and 6 whos..Category: Procedural Law | Date: | Hits: 124
Abdus Samad Azad and others Vs. Bangladesh and others, 1992, 21 CLC (HCD)
....sh moved by Abdus Samad Azad and 6 other Members of the Parliament namely, Suranjit Sen Gupta MP, Tofael Ahmed MP, Mrs. Matia Choudhury MP, Rahmat Ali MP, Md. Nasim MP and Prof. Abdul Hafiz MP prayed for issuance of a Rule calling upon the respondents to show cause as to why the impugned legislation......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ......1991 having not been before this Court, the impugned Ordinance having been withdrawn, that petition is disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 354. ..Category: Constitutional Law | Date: | Hits: 414
MG Jilani Vs. Md. Wahed Uddin Sardar, 1989, 18 CLC (HCD)
.... Rule may be stated as follows: The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at Pabna against the defendant‑petitioner for evicting him from the suit‑holding. The plaintiffs case, in short, is that he acquired the 'Ka......ut any order as to costs. The order of stay granted by this Court is vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 348. ...... Mr. Hassan Amin, Subordinate Judge and SCC Judge, Pabna in Small Cause Court Suit No.1 of 1977. 2. The short facts giving rise to the Rule may be stated as follows: The opposite party as plaintiff filed SCC Suit No.1 of 1977 in the Court of the Small Cause Court Judge (Sub‑Judge) at P..Category: Civil Law | Date: | Hits: 140
Mahbubur Rahman Vs. State, 1992, 21 CLC (HCD)
....ase No.11 of 1988. 2. The facts of the case are that while the learned Special Judge was trying the above Special Case against two accuseds Abdul Kashem and Afseruddin and the case was taken up for argument after examination of the witnesses, on 3.4.90, the learned Special Judge observed that ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ......lication is allowed and the Rule made absolute. The impugned order dated 4.6.90 is hereby set aside. Stay stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 342. ..Category: Criminal Law | Date: | Hits: 78
SM Shafiul Azam and others Vs. Director of Labour and others, 1991, 20 CLC (HCD)
....e declared to be illegal, without jurisdiction and without lawful authority and are of no legal effect and why the said proceeding should not be quashed. 2. The case of the petitioner, relevant for the purpose of disposal of the Rule, is that the petitioner No.1 is the Chairman of the Board of......y Act XXIV of 1980, which amended section 64 of the Ordinance with the view to put a check on frivolous prosecution by the Trade Union against the employer. The Ordinance, as it appears from the said amendment, by the amending Act of 1980, cast upon the Director of Labour a duty to enquire into the ...... indicated that the President/General Secretary of the United Commercial Bank Karmachari Union having Registration No.B‑1865 have brought some allegations against the management of the Bank by a complaint dated 26.11.88 alleging that the management of the Bank had taken recourse to unfair labour p..Category: Labour and Industrial Law | Date: | Hits: 176
M M Rahmatullah Vs. State, 1992, 21 CLC (HCD)
....minal Revision No. 644 of 1992. Judgment Habibur Rabman Khan J.- This application under section 561A of the Code of Criminal Procedure moved at the instance of the accused petitioner, the former Chairman of DIT (now RAJUK) which a Rule was issued by this court on 24.592 calling upon the ......r for allotment of land in favour of the applicants who are said to be the affected persons. It is submitted that Dhaka Improvement Trust since designated as RAJUK (Rajdhani Unnayan Kartipakkha) by amendment of Town Improvement Act, 1953 as amended by Ordinance No. IV of 1987 the Kartipakkha is co......the petitioner in the matter of allotment, and according permission to transfer the land in question. It is submitted that the former President himself directly received the application containing complaint against RAJUK and without referring the matter to RAJUK passed order for allotment of land in..Category: Criminal Law | Date: | Hits: 81
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