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Shahriar Rashid Khan and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....itional Attorney-General, Kaiseruddin Ahmed, Deputy Attorney‑General, Bazlur Rahman Chhana, Assistant Attorney‑General‑For the Respondents (In both the writ petitions). Syed Ishtiaq Ahmed, former Attorney‑General, Khondaker Mahbubuddin Ahmed, Senior Advocate, Kamal Hossain, Senior Advoc......aphs 3A and 18 of the 4th Schedule of the Constitution, the same cannot be repealed by simple majority of the members of the Parliament. Rather in order to repeal such an Ordinance the Constitutional amendment by two third majorities of the members of Parliament is necessary, but it was illegally pa......the interpretation of several provisions of the Constitution are involved in the instant cases, the certificate prayed for is granted. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 133. ..Category: Criminal Law | Date: | Hits: 202
....Commercial Sub-Judge Court, Chittagong in Money Suit No.31 of 1990 (previously Money Suit No.35 of 1989) rejecting the petitioner's application under Order 1 rule 10(2) of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the......the learned Subordinate Judge and 2nd Artha Rin Adalat and Commercial Sub‑Judge Court, Chittagong for his information and necessary action.
Ed.
This Case is also Reported in: 55 DLR (2003) 417.......of the Code of Civil Procedure for being added parties to the suit as defendants.
2. Short facts relevant for the purpose of the case are that, the opposite party Chittagong Steel Mills Limited as plaintiff instituted Money Suit No.35 of 1989, renumbered as Money Suit No.31 of 1990, before the Su..
Category: Civil Law | Date: | Hits: 101
Ali Azam Vs. Md. Majibullah, 2002, 31 CLC (HCD)
.... Bhrigurashram Missir and another Vs. Surendra Nath Mitra and another, AIR 1962 (Patna) 204; Joydayal Poddar Vs. Bibi Bajera and others, AIR 1974 SC 171. Lawyers Involved: Sarder Abul Hossain for Shahidul Islam, Advocate—For the Petitioner. Abul Kamal Chowdhury, Advocate—For the Oppos......The order of stay granted earlier by this court at the time of issuance of the Rule is hereby vacated. Send down the LC Records at once. Ed. This Case is also Reported in: 55 DLR (2003) 412. ......d by Senior Assistant Judge in-Charge, Second Court, Sadar Noakhali, in Title Suit No.69 of 1991. 2. The relevant facts for the disposal of this Rule, in short, are that the petitioner Ali Azam as plaintiff instituted the instant suit for declaration that the defendant is his benamder in respect ..Category: Property Law | Date: | Hits: 103
....a Market Baboshahi Bahumukhi Samobaya Samity Ltd. (hereinafter called the Society) instituted Title Suit No.238/99 in the 1st Court of Assistant Judge, Dhaka against the present petitioner and others for declaration that the election of the society held on 13‑12‑1997 is illegal, without any lawf......o substance in this Rule. The Rule is accordingly, discharged without any order as to costs.
Stay granted by this Court stands vacated.
Ed.
This Case is also Reported in: 55 DLR (2003) 409.
......1997 is illegal, without any lawful authority and void and that the Execution Committee constituted by the defendant is void and without lawful authority. The allegations that have been made in the plaint are that the plaintiff is the Secretary of the society and he was elected as such in the elec..
Category: Procedural Law | Date: | Hits: 124
Abdul Goni Kha Vs. Md. Abdul Aziz Azizur Rahman and others, 1996, 25 CLC (HCD)
....onal District Judge, 1st Court Barisal in Title Appeal No.103 of 1982 reversing those dated 24‑5‑87 of the Munsif 2nd Court Barisal in Title Suit No.67 of 1976. 2. The plaintiff filed the suit for declaration of title in the suit land stating, inter alia, that Nazar Ali, predecessor of opposi...... receipt of this order failing possession through the court in execution thereof. Send down the lower Courts record expeditiously. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 172. ......‑ For the Opposite Party Nos.1 & 2. Civil Revision No.3257 of 1991(Dhaka) Civil Revision No.117 of 1990(Barisal) Judgment Mohammad Fazlul Karim J.- This Rule, at the instance of the plaintiff-petitioner, is directed against judgment and decree dated 5‑5‑90 passed by the Additio..Category: Property Law | Date: | Hits: 114
Mohammadullah and others Vs. Md. Shamsul Alam alias Md. Alam, 2002, 31 CLC (HCD)
....ed of by this single judgment. 2. The petitioners in both the Rules as plaintiffs filed Title Suit Nos.172 of 1991 and 173 of 1991 in the court of Assistant Judge, 3rd Court, Dhaka on the same day for eviction of their monthly tenants, namely, Md. Shamsul Alam @ Md. Alam and Haji Abdul Jabbar res...... the said finding of fact. In the result, these Rules are discharged without any order as to cost. The impugned orders are maintained. Ed. This Case is also Reported in: 55 DLR (2003) 428. ......Code of Civil Procedure. As similar facts and question of law are involved these Rules have been heard together and are disposed of by this single judgment. 2. The petitioners in both the Rules as plaintiffs filed Title Suit Nos.172 of 1991 and 173 of 1991 in the court of Assistant Judge, 3rd Cou..Category: Procedural Law | Date: | Hits: 100
Iqbal Hasan Mahmood Vs. State, 2008, 37 CLC (HCD)
....ssain J Afzal Hossain Ahmed J Iqbal Hasan Mahmood…………………Appellant Vs. State……………………Respondent Judgment October 29, 2008. Result: The application for bail is allowed. Cases Referred to- ACC Vs. Barrister Mir Md. Helaluddin, 60 DLR (AD) 57.......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ......on the Medical Board stated as under: the satisfaction of the learned Chief Metropolitan Magistrate Dhaka. Communicate the order. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 286. ..Category: Criminal Law | Date: | Hits: 125
Salma Begum Vs. Sonali Bank Limited and others, 2010, 39 CLC (HCD)
....Court may seem fit and proper. 2. Opposite-party No.1 Sonali Bank Limited filed Artha Rin Suit No.131 of 2003 on 26-4-2003 against the opposite-party No.4 and another impleading them as defendants for realization of TK. 47,40,875 (forty seven lakhs forty thousand eight hundred seventy five) conte......t the time of filing of the application as third party. Artha Rin Adalat Ain, 2003 was amended in the year 2007 vide Artha Rin Adalat (Amendment) Ordinance, 2007 (Ordinance No. XXXIX of 2007). In the amendment, section 32(2) was replaced as under: “(২) উপরোক্ত মতে দা......1-2009 passed by the learned Additional District judge, 2nd Court Dhaka, in Miscellaneous Appeal No.230 of 2009 is here by set aside. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 282. ..Category: Civil Law | Date: | Hits: 229
Abdul Khaleque Vs. Court of Settlement and others, 1991, 20 CLC (HCD)
....1950 from Calcutta, West Bengal, India and settled permanently at Dhaka. The petitioner applied and obtained the certificate of domicile from the Dist. Magistrate on 30.11.1954. He also expressed his formal allegiance to the Govt. of Bangladesh by swearing an affidavit before a Magistrate, 1st Class...... to requirements of sub‑clause (ii) of Article 2 of the President's Order No.149 of 1972, he is deemed to be a citizen of Bangladesh. The President’s Order No.149 of 1972 has further under‑gone amendment by notification being 'SRO 213‑L/81 which contains amongst other things certain amendmen......lawful authority and the same are of no legal effect. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 273...Category: Property Law | Date: | Hits: 90
Ramizuddin and others Vs. Abdul Hamid, 2009, 38 CLC (HCD)
.... Parties. Civil Revision No. 4018 of 1999. Judgment Md. Mamtazuddin Ahmed J.- The Rule arises at the instance of the defendants on the following terms: "Let the records need not be called for and a Rule be issued calling upon the opposite party No.1 to show cause as to why the order date...... the suit was barred under section 93 (c) of the DIT (Dacca Improvement Trust) Act and also under section 44 of the Acquisition and Requisition of Immovable Property Ordinance, 1982. The plaintiff by amendment of the plaint only prayed for cancellation of the deed and if the deed is cancelled the pl......e issued calling upon the opposite party No.1 to show cause as to why the order dated 17-6-1999 passed by Subordinate Judge, 2nd Court, Dhaka in Title Appeal No.216 of 1998 allowing the prayer of the plaintiff appellant opposite party to withdraw the said appeal with permission to sue afresh on the ..Category: Procedural Law | Date: | Hits: 108
Abdul Jalil & other Vs. Islami Bank Bangladesh Ltd. and others, 2011, 40 CLC (AD)
....e order dated 27-7-1999 passed by the Subordinate Judge, 5th Court, Dhaka, in Title Suit No.42 of 1999 rejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rul......th the impugned judgment of the High Court Division. In the result, the appeal is dismissed on contest without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 107.......7-1999 passed by the Subordinate Judge, 5th Court, Dhaka, in Title Suit No.42 of 1999 rejecting an application of the defendants under Order 7, rule 11 of the Code of Civil Procedure for rejection of plaint. By the impugned order dated 18-11-1999 the High Court Division made the rule absolute settin..Category: Procedural Law | Date: | Hits: 108
Salma Islam Vs. Parveen Banu & others, 1997, 26 CLC (HCD)
....cted against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband of defendant-respondent No.1 an......sult, the appeal is dismissed without any order as to costs. The connected Civil Rule No. 208(f) of 1985 is accordingly disposed of. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 280.......n J.- This first appeal is directed against the judgment and decree dated 9-5-95 passed by the learned Subordinate Judge, First Court, Dhaka in Money Suit No.16 of 1991 dismissing the suit. 2. The plaintiff-appellant filed the aforesaid money suit alleging, inter alia, that one MA Nasir, husband ..Category: Property Law | Date: | Hits: 144
Hamida Begum Chowdhury Vs. Ahamad Hossain Khan and others, 1997, 26 CLC (HCD)
....st Court, Dhaka in Title Suit No.201 of 1994 decreeing the suit. 2. The respondent as plaintiff filed Title Suit No.617 of 1978 in the First Court of Subordinate Judge, Dhaka against the appellant for specific performance of contract namely, the agreement of sale dated 23-1-1978 alleging, inter a......e Appeal is allowed and the impugned judgment and decree dated 28-9-95 passed in Title Suit No.201 of 1991 is dismissed without cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 276. ......his first appeal is directed against the judgment and decree dated 28-9-95 passed by the Subordinate Judge, First Court, Dhaka in Title Suit No.201 of 1994 decreeing the suit. 2. The respondent as plaintiff filed Title Suit No.617 of 1978 in the First Court of Subordinate Judge, Dhaka against the..Category: Civil Law | Date: | Hits: 148
....aha J.- This Rule is directed against the judgment and decree dated 12-11-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit......able in law. Accordingly, the Rule succeeds and it is made absolute without any order as to costs.
Send down the LC records at once.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 271.......1-92 passed by the learned Assistant Judge, Madarganj in Other Class Suit No.1 of 1991 decreeing the suit.
2. Relevant facts for the purpose of the case, in short, are that the opposite parties as plaintiffs instituted a suit in the Court of the Assistant Judge, Madargonj praying for recovery of ..
Category: Property Law | Date: | Hits: 86
Monjurur Rahman (Md.) Vs. Dr. Naimur Rahman, 1998, 27 CLC (HCD)
.... the ins of the plaintiff is directed against the Judgment decree dated 21-9-1995 passed by the learned Subordinate Judge, 4th Artha Rin Adalat, Dhaka, in Title Suit No. 32 of 1993 decreeing the suit for partition in preliminary form declaring share of the plaintiff to the extent of 50% in respect o......t, the appeal is dismissed. The Judgment and decree passed by the Court below is upheld. Parties are directed to bear their own cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 266. ......ul Karim, Abdul Khaleque, Md. Obaidur Rahman, Shishir Kanti Majumder, Advocates - For the Respondent. First Appeal No. 301 of 1993. Judgment Md. Abdul Karim J.- This appeal at the ins of the plaintiff is directed against the Judgment decree dated 21-9-1995 passed by the learned Subordinate ..Category: Property Law | Date: | Hits: 109
Ansarul Hoque Vs. Agrani Bank, 1997, 26 CLC (HCD)
.... Karachi 445; JK Sarma Vs. KS Ramchandra Setty, AIR 1965 Mysore 248. Summary Suit No.13 of 1997. Judgment Abdul Karim J.- All these applications under Order 37 of the Code of Civil Procedure for disposal of suits in summary procedure have come up together for disposal and this judgment will...... of with a direction to return the plaints to the petitioners or their learned Advocates for presenting the same to the District Court. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 263.......Hoque…………………Plaintiff Vs. Agrani Bank…………………Defendant Judgment December 10, 1997. Result: The applications are disposed of with a direction to return the plaints. Cases Referred to- Muhammad Abdulah Sufi Vs. Muhammad Box & Sons, PLD 1957 (WP) K..Category: Procedural Law | Date: | Hits: 92
Jiban Bima Corporation Vs. Mustafa Hussain & another, 1997, 26 CLC (HCD)
.... Result: The Rule is discharged. Cases Referred to- Helaluddin Ahmed Vs. Bangladesh, 45 DLR (AD) 1; Manager, Personal Division Vs. Md. Sazaban Miah & others, 35 DLR 224; Civil Petition for Special Leave to Appeal Leave (CPSLA) No.299/83; Dhunat Degree College and others Vs. Md. Abdus ......ost of Taka 2,000.00. The impugned judgment and decree are affirmed. Let the records of the Courts below be sent down immediately. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 411. ......d affirming the judgment and decree dated 31-1-1987 and 2-2-87 respectively passed in Title Suit No.647 of 1985 by the learned Munsif, 4th Court, Dhaka decreeing the suit. 2. The opposite party as plaintiff filed Title Suit No.647 of 1985 in the 4th Court of Munsif, Dhaka praying for decree decla..Category: Employment/Service Law | Date: | Hits: 182
Haji Hafez Md. Shamsul Islam Vs. Abdul Mabud & others, 1989, 18 CLC (HCD)
....oticed the injuries on the person of the complainant and issued warrant of arrest against the respondent under sections 323, 324 and 379 of the Penal Code. 4. The accused-respondents surrendered before the learned Magistrate on 16.11.87 and were released on bail. 5. On 18.11.87 both the compla......d Advocate appearing for the accused respondents on the other hand submitted that section 247 of the Code of Criminal Procedure has application in all criminal cases after omission of Chapter XXI and amendment of Chapter XX of the Code of Criminal Procedure whereby different procedures for trial of ......hittagong in G.R. Case No. 251 of 1987 acquitting the accused-respondents under section 247 of the Code of Criminal Procedure of the charges. 2. The appellant as complainant filed a petition of complaint on 24.2.87 in the Court of Upazila Magistrate, Patiya against the respondents alleging that o..Category: Procedural Law | Date: | Hits: 85
Sazedur Rahman (Md.) Vs. Secretary, Ministry of Establishment, 1998, 27 CLC (HCD)
....ntre, Chittagong. Thereafter, he held several posts and was promoted as Deputy Director on 30-5-83; whereas the respondent No.4 was promoted as Deputy Director of the said department on 4-10-88. Therefore, as a Deputy Director the petitioner claims to be senior to respondent No.4 by about five and h......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ......is discharged without any order as to cost. The operation of this Judgment be stayed for a period of 15 (fifteen) days from today. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 407. ..Category: Administrative Law | Date: | Hits: 326
Abul Kalam Azad (Md.) and others Vs. Md. Kamrul Hasan and others, 1997, 26 CLC (HCD)
.....- This Rule is directed against the order dated 2-3-94 passed in OC Suit No.33 of 1989 by the 1st Court of Additional Sessions Judge, Tangail rejecting the application under Order 7 rule, 11 (a) CPC for rejection of plaint. In a suit for cancellation of the decree passed in a partition suit the def...... 4. I have perused the application and considered the submissions of the learned Advocates of the respective parties. The impugned order runs as under: "Heard. The petition dated 19‑10‑93 for amendment of plaint is allowed and at the same time petition dated 21‑4‑93 for rejection of plai......irected against the order dated 2-3-94 passed in OC Suit No.33 of 1989 by the 1st Court of Additional Sessions Judge, Tangail rejecting the application under Order 7 rule, 11 (a) CPC for rejection of plaint. In a suit for cancellation of the decree passed in a partition suit the defendant petitioner..Category: Procedural Law | Date: | Hits: 85
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