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Capital Properties Ltd. Vs. Government of Bangladesh and others, 1991, 20 CLC (HCD)

....ssued upon the opposite parties to show cause why the same should not be set aside or such other or further order or orders passed as to this Court may seem' fit and proper. 3. The short facts, for the purpose of disposal of this Rule, can be stated as follows: Property described in CS D...... procedure for giving and taking additional evidence. 23. At the time of hearing of this Rule the petitioner has submitted an application duly sworn by its director and constituted attorney for amendment of the plaint by dropping the prayer "Kha" in the plaint and omitting the words “ও ন......ারিবেন।” it is against this Order dated 20.2.91 that the present revisional application has been filed and the Rule obtained. 6. Mr. Moinul Huq, the learned Advocate for the plaintiff‑petitioner, made a number of submissions. His first submission is that the order of the ..

Category: Procedural Law | Date: | Hits: 113

Sheerin Alam Chowdhury Vs. Captain Shamsul Alam Chowdhury, 1995, 24 CLC (HCD)

..... Sheerin Alam Chowdhury, as plaintiff instituted Family Suit No.5 of 1987 in the 2nd Court of Assistant Judge and Family Court, Dhaka against her husband Captain Shamsul Alam Chowdhury as defendant, for a declaration for dissolution of marriage. 4. The petitioner of CR No. 604 of 1993 Captain Sh...... been surrendered by her in consideration for the dissolution of marriage through ‘khula’. There shall be no order as to costs. Ed. This Case is also Reported in: 48 DLR (HCD) (1996) 79. ......e petitioner as well as by the opposite party. 3. Facts giving rise to these Rules are as follows: The petitioner of CR No. 3451 of 1992 and CR No. 3474 of 1992 Mrs. Sheerin Alam Chowdhury, as plaintiff instituted Family Suit No.5 of 1987 in the 2nd Court of Assistant Judge and Family Court, ..

Category: Family Law | Date: | Hits: 265

Abdul Gafur Sikder Vs. Mst. Shafia Khatun & others, 1989, 18 CLC (HCD)

....te parties to show cause as to why the impugned judgment and decree dated 31.3.88 passed by the learned Subordinate Judge, Bhola in Title Appeal No.59 of 1985 should not be set aside. 2. The facts for disposal of the Rule are as fol­lows: One Sekander Ali, the predecessor-in-interest of the oppo......er of the learned Assistant Judge is restored. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 500.......iling a joint written statement. Eventually the suit was transferred to the Court of the learned Munsif, Charfession Upazila and re-numbered as Title Suit No.385 of 1985. In the meantime the original plaintiff Sekander Ali died and the opposite parties were substituted as his heirs and legal represe..

Category: Property Law | Date: | Hits: 136

Suresh Majumder and Others Vs. Government of Bangladesh & Others, 1998, 27 CLC (HCD)

....l, 1981 passed by the learned Subordinate Judge, Pirojpur in Title suit No.415 of 1979 re-numbered as Title Suit No. 75 of 1981 rejecting the petition of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the catego...... the category of defendants and accordingly the plaint may be amended. Accordingly the Rule is disposed of without any order as to costs. Ed. This Case is also Reported in: 42 DLR (1990) 10. ......y the learned Subordinate Judge, Pirojpur in Title suit No.415 of 1979 re-numbered as Title Suit No. 75 of 1981 rejecting the petition of Suresh Chandra Majumder one of the Plaintiffs for transposing plaintiff Nos.1-5, 8-11, 14, 17 and 18 from the category of plaintiffs to the category of pro-­form..

Category: Procedural Law | Date: | Hits: 82

Mahtabuddin Ahmed Vs. The Principal Secretary, President's Secretariat, Dhaka and Others, 1989, 18 CLC (HCD)

....and Highways Department under Memo No.204-CE dated 5.4.84 addressed to the Secretary, Ministry of Communications, Road, Highways and Road Transport Division recommended the prayer of the peti­tioner for his encadrement into the Senior Service Pool. After successful completion of seven projects in A......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ......ulgation of the said Proclamation i.e. on the date of repeal of MLO 9. I, accordingly, concur with the order passed by my learned brother. Ed. This Case is also Reported in: 42 DLR (1990) 1. ..

Category: Employment/Service Law | Date: | Hits: 209

Hafez Mawlana Humayun Kabir Vs. Md. Lokman and others, 2012, 41 CLC (HCD)

....lute.   The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27   During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below for acceptance of the documents filed by them before the trial Court ......ths from the date of receipt of this judgment in accordance with law. Let a copy of this order along with the lower Court’s record be sent down at once. Ed. This Case is also Reported in: ....... Judgment March 1, 2012. Result: The Rule is made absolute.   The Code of Civil Procedure, 1908 (V of 1908); Order XLI, Rule 27   During pendency of the appeal the plaintiff-appellant-opposite parties did not file any application before the Court of appeal below f..

Category: Procedural Law | Date: | Hits: 113

Wajeda Khatun and others Vs. Saonatun Bewa, 2002, 31 CLC (HCD)

....the impugned order dated 4‑10-95. 2. The plaintiff-opposite parties instituted Other Class Suit No.564 of 1981 in the Court of the Munsif (now Assistant Judge), Gaibandha Sadar, seeking a decree for certain declaration. The defendant-petitioner entered appearance in that suit and filed a writte......nment should be allowed to the parties except on compelling circumstances. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 460. ......st Additional Court, Gaibandha Sadar, in Miscellaneous Case No.1 of 1994 allowing relation of the original suit to its file and number upon setting aside the impugned order dated 4‑10-95. 2. The plaintiff-opposite parties instituted Other Class Suit No.564 of 1981 in the Court of the Munsif (no..

Category: Procedural Law | Date: | Hits: 94

Ka Bi Ma Iftekhar Anam Vs. State & another, 2010, 39 CLC (HCD)

....h Ltd. Paltan Branch, Dhaka to the complainant out of outstanding liabili­ties; that the complainant thereafter on 14-3-2007 placed the cheque through Eastern Bank Ltd. Shaheb Bazar Branch, Rajshahi for collection and the said cheque was bounced in the remark of "Payment stop by the drawer" and tha...... granted earlier shall stand vacated. Send a copy of this order to the Assistant Sessions Judge, 3rd Court, Rajshahi for compliance. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 338. ......ow pend­ing in the Court of the learned Assistant Sessions Judge, 3rd Court, Rajshahi should not be quashed. 2. On 3-6-2007 one Md. Abul Kalam Azad @ Badal as a complainant filed a Petition of complaint in the Court of learned Chief Metropolitan Magis­trate, Rajshahi against the accused petitio..

Category: Criminal Law | Date: | Hits: 94

Sadia Chowdhury Parag Vs. Chairman, Film Censor Board & others, 2003, 32 CLC (HCD)

....Writ Petition No.7677 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon respondent No.1 only i.e. the Chairman, Film Censor Board, to show cause, why the certificate issued by him for release/exhibition of the film ‘Hason Raja’ should not be suspended till hearing of the Rule......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445.......r as to cost. The Producer and Director of the film "Hason Raja'' is at liberty to release/screen the film without any hindrance from anyone. Ed. This Case is also Reported in: 55 DLR (2003) 445...

Category: Civil Law | Date: | Hits: 210

Moti Miah Vs. Ful Miah and others, 2008, 37 CLC (HCD)

....ariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in the Court of Senior Assista......Send down the lower Court records along with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 447; 13 MLR (HCD) (2008) 279. ...... Judge, Nasirnagar, Brahmanbariain Title Suit No.16 of 2003 should not beset aside and or such other or further order or orderspassed as to this Court may seem fit and proper. 2. The petitioner as plaintiff instituted a suit for recovery of possession under section 9 of the Specific Relief Act in..

Category: Property Law | Date: | Hits: 121

Syeda Sajeda Chowdhury Vs. State, 2010, 39 CLC (HCD)

....2, now pending in the Court of Divisional Special Judge, Dhaka should notbe quashed and/or pass such other or further order ororders as to this Court may seem fit and proper. 2. The facts relevant for disposal of the rule, in short, are that the Government through the Bureau of Anti-Corruption lo......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ......002 now pending in the Court of Divisional Special Judge, Dhaka is quashed in respect of the petitioner only. Ed. This Case is also Reported in:62 DLR (HCD) (2010) 441; 18 BLT (HCD) (2010) 249. ..

Category: Criminal Law | Date: | Hits: 137

Nrependra Nath Saha and anothers Vs. Haripada Saha & another, 2009, 38 CLC (HCD)

....t Court, Pabna, in Title Appeal No.45 of 2003 affirming those dated 23-2-2003 passed by the learned Joint District Judge 2nd Court, Pabna, in Other Class Suit No.102 of 1995. 2. The facts involved for disposal of the rule are as follows: The petitioners as plaintiffs filed a suit for declarati......e is made absolute. The Judgments and decrees of the Courts below are hereby set aside. Send down the lower Court records at once. Ed. This Case is also Reported in: 62 DLR (HCD) (2010) 438. ......ated 23-2-2003 passed by the learned Joint District Judge 2nd Court, Pabna, in Other Class Suit No.102 of 1995. 2. The facts involved for disposal of the rule are as follows: The petitioners as plaintiffs filed a suit for declaration of title before the learned Joint District Judge, 2nd Court,..

Category: Property Law | Date: | Hits: 83

Abu Bakkar Siddique (Md.) and others Vs. Md. Abdur Rab Khandaker & others, 2010, 39 CLC (HCD)

....r order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge, Mithapukur for specific performance of contract as well as for a dec­laration that the registered sale deed ex......ior Assistant Judge, in Other Suit No.48 of 1993 is hereby set aside. The suit is stand dismissed. Send down the LC record at once. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 326. ...... Judge, Mithapukur, Rangpur in Other Suit No.48 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. The opposite party as plaintiffs instituted Miscellaneous Case being No.48 of 1993 in the Court of Senior Assistant Judge,..

Category: Property Law | Date: | Hits: 90

Kartic Das Gupta Vs. Election Commission and others, 2011, 40 CLC (HCD)

....ঃসাধাঃ নির্বাঃপরি/২০১০/৭৮ dated 2-12-2010 including the names of Paurashavas namely Cox's Bazar, Sadar, Chakaria, Teknaf and Moheshkhali fixing 19-1-2011 for hold­ing Paurashava election without preparing a fresh voter list excluding the Rohingyas, the ......1 on the basis of electoral roll prepared in the year 2007 whereas under section 7(4) of the Act No.6 of 2009 it was incumbent on the part of the Election Commission to publish final voter list after amendment or revision to that effect. Referring to the annexures so have been annexed to the affidav......observations and directions both the Rules are disposed of. The order of status quo granted earlier on 6-2-2011 is hereby vacated. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 313. ..

Category: Election Law | Date: | Hits: 217

Hasina Khatoon and another Vs. Md. Samsur Rahman and others, 1997, 26 CLC (HCD)

....a J.-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application ......-This Rule is directed against the order dated 26‑4‑1988 passed by the learned Assistant Judge Keshabpore, Jessore in Miscellaneous Case No.11 of 1987 rejecting the petitioner’s application for amendment of the pleading by adding a party thereto. 2. The petitioners filed an application for ......he suit/case. With that object the court can also strike out an unnecessary party. The underlying principle of rule 10 (2) of Order 1 of the Code of Civil Procedure is to save an honest and bona fide plaintiff/petitioner from being non‑suited on a technical ground. Judicial pronouncements lean in ..

Category: Property Law | Date: | Hits: 94

Shamsul Huq Chowdhury Vs. Justice Md. Abdur Rouf & others, 1995, 24 CLC (HCD)

....nvolving substantial questions of law as to the interpretation of the Constitution. The learned Additional Attorney-General having already entered appearance on being called upon to assist the Court, for the expeditious disposal of the Rule the personal service of the copy of the Rule on the respond......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176.......ntial question of law as to the interpretation of the Constitution. The prayer is allowed and certificate prayed for is hereby granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 176...

Category: Constitutional Law | Date: | Hits: 353

Kazi Gowaherul Islam (KJ Islam) Vs. Standard Co-operative Credit Society Ltd and another, 1998, 27 CLC (HCD)

....bordinate Judge and Artha Rin Adalat No.2, Dhaka in Title Suit No.2 of 1995 should not be set aside. 2. The short fact leading to this Rule is that, Opposite Party No.1 as plaintiff instituted the aforesaid suit for realisation of Taka 93,35,483.00 from this petitioner by sale of the property ment...... Rin Adalat No.2, Dhaka is hereby directed to return the plaint to the filing Advocate for presentation before the appropriate Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 333. ......an, Advocates - For the Petitioner. Ozair Faruque, Advocate - For Opposite Party. Civil Revision No.4438 of 1997. Judgment Mahmudul Amin Choudhury J.- This Rule was issued calling upon the plaintiff-opposite party No.1 to show cause why order dated 17-8-97 passed by the learned Subordinat..

Category: Civil Law | Date: | Hits: 135

Shahidullah and others Vs. Lutfur Karim and others, 1997, 26 CLC (HCD)

.... instance of the defendants calls in question the judgment decree dated 17-7–95 allowing Title Appeal No.88 of 1993 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-......e Court is thus set aside and those of the trial Court are restored. There will be no order as to cost. Send down the record at once. Ed. This Case is also Reported in: 50 DLR (1998) 328. ......3 by the learned Subordinate Judge, Noakhali and decreeing Title Suit No.43 of 1991 for declaration that kabala deed No. 3467 executed on 28-6-1947 by Cherag Ali Pandit predecessor-in-interest of the plaintiffs in favour of Salamatullah predecessor-in-interest of the defendants and registered on 11-..

Category: Procedural Law | Date: | Hits: 103

Khalilur Rahman (Md.) and others Vs. Abdur Rahman Bhuiyan alias Zinnat Ali Bhuiyan & others, 1998, 27 CLC (HCD)

.... directed against the judgment and order dated 9-3-92 passed by the learned Subordinate Judge, Chandpur in Miscellaneous Case No. 59 of 1990 filed under section 24 of the Non-Agricultural Tenancy Act for pre-emption of the case land. 2. The short fact leading to this appeal is that the respondent......ned Subordinate Judge, Chandpur in Miscellaneous Case No.59 of 1990 is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 311. ...... sisters of the petitioner alleging that knowing fully well that the petitioner-respondent is a minor they have defended him by creating a kabala showing this petitioner as major. This petition of complaint has been marked as Ext. 3 before the trial Court wherein it has been categorically stated tha..

Category: Property Law | Date: | Hits: 113

Samir Ali (Md.) and others Vs. Md. Atiar Rahman Dafadar and others, 1996, 25 CLC (HCD)

....re, in Title Appeal No.36 of 1989 dismissing the appeal and affirming the judgment and decree dated 12-1-89 passed by the Assistant Judge, Jessore, in Title Suit No.197 of 1986. 2. Facts necessary for the disposal of the Rule, may briefly be stated as follows: The plaintiffs‑petitioners file......Rule. In the result, this Rule is discharged but without any order as to costs. Let the Lower Court’s Records be sent down. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 131. ......he judgment and decree dated 12-1-89 passed by the Assistant Judge, Jessore, in Title Suit No.197 of 1986. 2. Facts necessary for the disposal of the Rule, may briefly be stated as follows: The plaintiffs‑petitioners filed the aforesaid suit for declaration of plaintiff's title to the suit l..

Category: Property Law | Date: | Hits: 85