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Lal Banu Bibi and others Vs. Nourjan Banu, 1986, 15 CLC (HCD)
....urt of Munsif, Natore on the allegation that petitioner No.1 Musammat Lai Banu is the youngest of all five daughters of the plaintiff-opposite party who used to love her very much and got her married for second time after petitioner was divorced by her first husband. Petilioner's 2nd husÂband used ......ded but no fresh evidence will be admitted. Cost will abide by the result of the suit. Send down the lower Court's records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 519.......iefly be stated thus. Plaintiff Opposite Party instituted the suit in the court of Munsif, Natore on the allegation that petitioner No.1 Musammat Lai Banu is the youngest of all five daughters of the plaintiff-opposite party who used to love her very much and got her married for second time after pe..Category: Property Law | Date: | Hits: 134
Bangladesh Inland Water Transport Authority Vs. United Trading Corporation, 1989, 18 CLC (HCD)
.... its hull at Capetown. It was partially repaired and made seaworthy but while passÂing through Chalna it developed engine trouble and it was taken to the Marine Workshop of the B.I.W.T.A. at Barisal for thorough repair. The defenÂdant petitioner made inordinate delay in repairing the oil tanker an......der of the learned Subordinate Judge cannot be sustained. In the result the Rule is made absolute but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 513....... learned Subordinate Judge, 5th Court, Dhaka in Money Suit No.11 of 1980, holding on a preliminary hearing, that the suit was maintainable. 2. An oil tanker named M.V. Pasharini belongÂing to the plaintiff-opposite party undertook a voyÂage from Italy to Dhaka via Cape of Good Hope and suffered..Category: Civil Law | Date: | Hits: 142
Khondker Abdul Majed Vs. Tarapada Dey, 1999, 18 CLC (HCD)
.... Vs. Tarapada Dey………….Opposite Party Judgment June 28, 1999. Result: The Rule is discharged without any order as to costs. Case Referred to- Md. Abul Quasem Vs. Md. Lutfor Rahman, 10 BLD (1990) (AD) 3 = 43 DLR (AD) 17. Lawyers Involved: Md. Khurshid Alam Khan, A......to costs. The order of stay passed earlier by this Court is hereby vacated. Communicate the order to the trial Court expeditiously. Ed. This Case is also Reported in: 51 DLR (1999) (HCD) 336. ......d by Mr. Ranu Bilkis Banu, Senior Assistant Judge, Magura, in Title Suit No.140 of 1990 accepting the Advocate Commissioner’s report. 2. The facts of the case, inter alia, in short, is that, the plaintiff-opposite party filed Other Suit No.199 of 1988 subsequently re-numbered as Title Suit No.1..Category: Civil Law | Date: | Hits: 122
Abdul Quayuam Khan Vs. Abu Yusuf Mridha, 1997, 26 CLC (HCD)
.... Appeal No. 242 of 1990 affirming those dated 5-8-90 passed by Additional Assistant Judge, Court No.1, Jessore Sadar, in Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule ‘Ka’ and ‘Kha’ meas......e date of such information the period of payment of the amount in question should be calculated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 386. ......rtha Rin) Jessore in Title Appeal No. 242 of 1990 affirming those dated 5-8-90 passed by Additional Assistant Judge, Court No.1, Jessore Sadar, in Title Suit No.51 of 1980. The opposite parties as plaintiffs filed the suit for specific performance of contract covering the properties of schedule â..Category: Procedural Law | Date: | Hits: 129
Assistant Custodian, Vested Property Vs. Jugal Chandra Shaha & others, 1988, 27 CLC (HCD)
....0, 1988. Result: The Rule is made absolute without any order as to costs. Lawyers Involved: A.K.M. Zahirul Huq, with Fakhrul Islam, AdÂvocate - For the Petitioner. Subodh Ranjan Dutta for A.K. Badrul Huq, AdÂvocates - For the Opposite Parties. Civil Revision No.17 of 1985. Jud......First Court, Patuakhali for disposal of the Miscellaneous Case in acÂcordance with law and in the light of the observation made above. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 473.......ing Title Suit No.658 of 1976 in the First Court of Munsif, Patuakhali against the petitioner for a declaration that the vested property proceedings in respect of the properties of schedule Ka to the plaint was unauthorised, illegal and without jurisdicÂtion with a further prayer for permanent inju..Category: Limitation Law | Date: | Hits: 275
Sourja Bala Devi Vs. Habibullah Sheikh, 1989, 18 CLC (HCD)
....kshmipur in Misc. Appeal No.242 of 1980 dismissing the appeal and affirming the judgment and order dated 11.12.80 passed by the Munsif Second Court, Lakshmipur in Misc. Case No.36 of 1976. 2. The aforesaid Misc. Case was started by one Sarajubala the petitioner herein by making an appliÂcation u......rovision of Order 41 Rule 27 of the Code of Civil Procedure. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 463.......al Tenancy Act, 1885 for setting aside the sale of certain land measuring about 1.35 acre which was sold in auction for a sum of Rs. 19/- being the arrear rent for the land. 3. It appears from the plaint that the auction took place on 6.2.64 and it was confirmed on 9.3.64 and the application for ..Category: Property Law | Date: | Hits: 106
Bangladesh Beverage Industries Ltd. Vs. Rowshan Akhter and others, 2010, 39 CLC (HCD)
....May 11, 2010. Result: The appeal is allowed in part. Life is a bundle of incident. Every child is born with expectation of life and with constitutional guaranteed right of basic requirements for living. Death is inevitable but premature death in whatever form is not expected and cannot be c......nly jumped, by which he fell under the car, as such, it was not possible on the part of the driver to avoid the accident. This suit being legally barred, liable to be dismissed. 8. Plaintiffs made amendment of the plaint against which, defendant No.1 filed additional written statement on 14-9-200......ar the minibus of the defendant-appellant being No. Dhaka 6933, rushing from the eastern side i.e. from Jonaki Cinema Hall, (i.e. coming from wrong side) caused the fatal injury to the husband of the plaintiff No.1 and fled away. The husband of the plaintiff received injuries on the head, face and s..Category: Civil Law | Date: | Hits: 339
Dr. Md. Asadullah and another Vs. Sonali Bank Ltd. & others, 2010, 39 CLC (HCD)
....ree holder Sonali Bank instituted Title Suit No.21 of 2002 in Artha Rin Adalat No.1, Dhaka impleading Judgment debtors as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. P......erest within 30 days from the date of receipt of this order. Sent down the lower Court records. Communicate this order at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 474. ......rs as defendant No.1 and 2 and Bangladesh House Building Finance Corporation as pro forma defendant, for realizing loan money of Taka 8,03,568 on selling the mortgage property. 3. Plaintiff in the plaint stated that defendant Judgment debtor No.1, Md. Asadullah by mortgaging schedule property wit..Category: Civil Law | Date: | Hits: 156
Gani Mia & another Vs. U.N.O., Biswanath, District Sylhet & Others, 1988, 17 CLC (HCD)
.... of 1985 allowing the application of the opposite party Nos.5-7 to implead them as defendants in the suit in accordance with Order 1, rule 10 of the Code of Civil Procedure. 2. There is a petition for amendment of the re-visional application, supported by an affidavit, filed today in the Court in......1985 allowing the application of the opposite party Nos.5-7 to implead them as defendants in the suit in accordance with Order 1, rule 10 of the Code of Civil Procedure. 2. There is a petition for amendment of the re-visional application, supported by an affidavit, filed today in the Court in res......ears to be a competition in benevolence. The petitioners and the opposite party Nos.5-7 are rival donors of properties for housing the Alankari Post Office under Biswanath Upazila. The petitioners as plaintiffs filed Title Suit No.196 of 1985 in the First Court of Munsif, Sadar Sylhet, against the d..Category: Procedural Law | Date: | Hits: 193
Ehsanul Hoque Vs. General Manager, Agrani Bank, 1989, 18 CLC (HCD)
.... a false and frivolous proceeding under his office Memo. Ext. 2 with the allegations that the plaintiff remained abÂsent from duties on 11.11.74 without prior permisÂsion, that he failed to account for cash remittance sent by Habib Bank, Morrelgonj Branch, on the same date, issued pay order on dif......gal position discussed above, I am of the opinÂion that there is no merit in this case. The Rule is, therefore, discharged without any order as to cost. 19. The connected Rule was with respect to amendment of the plaint by adding a prayer to the following effect- "That a mandatory order of in......Akbar, ManÂager, Agrani Bank, Bagerhat and others became enviÂous. They in league hatched up a conspiracy to vicÂtimize the petitioner by retarding the progress of the banking business made by the plaintiff and accordÂingly, on 2nd April 1974, defendant No.1 General Manager, Agrani Bank was led ..Category: Employment/Service Law | Date: | Hits: 175
Abdus Salam Vs. Sirajul Islam, 1989, 18 CLC (HCD)
....s are: The petitioner on various alÂlegations including the allegation of casting of false votes in the Election of Chairman of Rangamati UnÂion Parishad filed Election Tribunal Case No.4 of 1988 before the Election Tribunal, Fatikchari Upazila, Chittagong. The opposite party herein contested the ......grantÂing review. 4. Mr. Muhammad Faiz, the learned Advocate opposes this Rule seriously on several counts. He firstly, submits that in view of the averments made in the main election petition by amendment it was necessary for the opposite party to make allegation of corruption and other allegat......peal find answer in the foregoing discussion. For these reasons, this Rule is made absoÂlute. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 27. ..Category: Election Law | Date: | Hits: 194
Rafiqul Islam & another Vs. Abul Kalam & others, 1988, 17 CLC (HCD)
.... order of dismissal of the Miscellaneous Case and of restoration of Other Suit No.20 of 1980. 2. The opposite parties Nos.1 to 3 filed Other Suit No.20 of 1980 against the petitioners and othÂers for declaration of title to the disputed land and pond on various pleas. The petitioners contested t......le is discharged withÂout any order as to costs and the suit is restored to its file and number and the order impugned is afÂfirmed. Ed. This Case is also Reported in: 42 DLR (HCD) (1993) 19. ......f title to the disputed land and pond on various pleas. The petitioners contested the suit as defendant Nos.1 and 2 filing two separate written statements denying the material allegations made in the plaint. After service of summons the suit was fixed for hearing on 20.9.1983 and the petiÂtioners f..Category: Criminal Law | Date: | Hits: 85
Lal Mia Vs. State, 1989, 18 CLC (HCD)
....1986 as time barred arising out of conviction and sentence passed by the learned Upazila Magistrate, Purbadhala, District Netrokona dated 6.4.86 convictÂing the petitioner with rigorous imprisonment for one year and to pay a fine of Tk. 1,000/- with a deÂfault order and further convicting and sent......n filÂing the appeal and decide the matter on merits in the best way the court would deem fit and proper. Send down the records at once. Ed. This Case is also Reported in: 42 DLR (1990) 15. ...... A somewhat similar point came up for deÂcision in the case of Hakim Rai Vs. The State, beÂfore a Full Bench of Punjab High Court, reported in AIR 1957 (Punjab) 134. That was a case concernÂing complaint filed by a court for using a forged docÂument in a proceeding before that court. The comÂpl..Category: Procedural Law | Date: | Hits: 122
.... passed by the learned Assistant Judge rejecting an application made under Order 7, rule 11 CPC.
2. The petitioners filed the application under Order 7, rule 11 CPC in the Court of Assistant Judge for rejecting the plaint of other Suit No.233 of 1988 instituted by the opposite party No.1 for decl......ter by implication without any subÂstance.
There is no merit in this application. AccordingÂly, this application is rejected in limine.
Ed.
This Case is also Reported in: 42 DLR (1990) 13.
......rned Assistant Judge rejecting an application made under Order 7, rule 11 CPC.
2. The petitioners filed the application under Order 7, rule 11 CPC in the Court of Assistant Judge for rejecting the plaint of other Suit No.233 of 1988 instituted by the opposite party No.1 for declaration that the c..
Category: Labour and Industrial Law | Date: | Hits: 178
Amalendu Majumder Vs. State, 1996, 25 CLC (HCD)
....No. 331 9 of 1991. Judgment Abdul Karim J. - This Rule at the instance of accused petitioner Amalendu Majumder was issued on an application under section 561 A of the Code of Criminal Procedure for quashment of the proceedings in GR Case No.23 of 1989 arising out of Nesarabad PS Case No.2 date......am Mamun, learned Assistant Attorney‑General appearing for the State, has drawn our attention to the provisions of the Code of Criminal Procedure (2nd Amendment) Act, 1992 (Act 42 of 1992). By this amendment act sub‑section (5) of section 167 CrPC was substituted which reads as follows: "Sect......rned Magistrate is directed to proceed with the case in accordance with law. Send a copy of this order to the lower Court at once. Ed. This Case is also Reported in: 49 DLR (HCD) (1997) 204. ..Category: Criminal Law | Date: | Hits: 97
Shamima Sultana Seema and 9 others Vs. Government of Bangladesh and 3 others, 2004, 33 CLC (HCD)
....d. Writ Petition No. 3304 of 2003. Judgment ABM Khairul Haque J.‑ The Rule: In this Writ Petition the petitioners 10(ten) in number were elected as Ward Commissioners in the seats reserved for female candidates in Khulna City Corporation (the Corporation, in short), under the provisions o......onditions of our society, as such, in pursuance to the provisions of the Constitution, provisions for reserved seats for women as Commissioners in the City Corporation were made by bringing necessary amendments in section 4 of the Khulna City Corporation Ordinance, 1994, providing for election of th......spects and they shall be so treated by all concerned. In the result, the Rule is made absolute but without any other as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 201. ..Category: Constitutional Law | Date: | Hits: 443
Ali Akbar Khan (Md) Vs. Alimuddin, 1990, 19 CLC (HCD)
.... and another, 1943 (FC) 24; Bangladesh Vs. Shahjahan Seraj @ Sirajul Islam, 32 DLR (AD) 1. Lawyers Involved: Joynal Abedin, Advocate ‑ For the Petitioner. MI Farooqui, Advocate ‑for the Opposite party. Civil Revision No. 44 of 1986 Judgment AM Mahmudur Rahman J.- ......r an appeal lies to the District Judge from order of the trial Court refusing the prayer for temporary injunction in a suit for specific performance of contract valued at Tk. 48,000.00 in view of the amendment of section 21 of the Civil Courts Act, 1887 changing the forum of appeal by Ordinance No. ......t for specific performance of contract valued at Tk. 48,000.00 in view of the amendment of section 21 of the Civil Courts Act, 1887 changing the forum of appeal by Ordinance No. II of 1983. 2. The plaintiff after filing the suit filed an application for temporary injunction. The trial Court by it..Category: Procedural Law | Date: | Hits: 102
Hashmat Ullah (Md) Vs. Azmiri Bibi and others, 1991, 20 CLC (HCD)
.... 1991, 82 of 1991, 83 of 1991, 192 of 1991, 193 of 1991, 2490 of 1990, 2491 of 1990 and 1515 of 1989. Judgment ARM Amirul Islam Chowdhury J.- These Revisional applications are taken up together for hearing and are disposed of by this judgement as they involve the same point of law. 2. In th...... Civil Revision No. 678 of 1987 is hereby set aside and the Rule is made absolute. There will be no order as to costs in these Rules. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 332. ......sional applications are taken up together for hearing and are disposed of by this judgement as they involve the same point of law. 2. In this judgment the expressions defendant petitioners and the plaintiff opposite parties respectively mean the defendants petitioners and the plaintiffs opposite ..Category: Others | Date: | Hits: 226
Sena Kalayan Sangstha Vs. Haji Sufi Fazal Ahmed and others, 2004, 33 CLC (HCD)
....evision No.1714 of 1992). Judgment Mohammad Fazlul Karim J.- Since both the appeals are between the same parties involving substantially the same facts and points of law the same were taken up for hearing together and accordingly disposed of by this single judgment. 2. Civil Appeal No.45 o......o not find any substance in the submission for the learned Counsel of the appellants. The appeals are accordingly dismissed without any order as to costs. Ed. This Case is also Reported in: ......t, Chittagong in Other Suit No.124 of 1987. 3. The suit was for a decree only for khas possession of the suit land together with two storied building standing thereon stating, inter alia, that the plaintiff, the predecessor-in-interest of the respondents purchased the suit land by a registered sa..Category: Property Law | Date: | Hits: 111
Islamia Automatic Rice Mills Ltd. Vs. Bangladesh Shilpa Rin Sangstha and others, 2002, 31 CLC (HCD)
....lling upon the opposite parties in following terms: "Let a Rule be issued calling upon the opposite parties to show cause as to why a contempt proceeding should not be drawn up against them for willful disobedience in handing over the delivery of the machinary despite order of stay granted...... is discharged with a cost at Taka 25,000 to be paid by the petitioner to the respondent No.3 within 3(three) months from date. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 463. ......ny money, whereupon on 13‑4‑96 BSRS advertised in the daily Inqilab a Public Notice for sale of the first mortgaged properties of the Company. Against that public notice the petitioner company as plaintiff filed Title Suit No.2 of 1996 in the 2nd Commercial Court, Dhaka, challenging the validity..Category: Civil Law, Contempt of Court Law | Date: | Hits: 417
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