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Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
....ed of. In view of the above, we find no merit in the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 124. ......de, that Keramat Ali husband of Morjina Khatun (daughter of Abdul Hakim Hawlader) got .090 acre of land, that Sadek sold his share to the extent of .203 acre to the defendant Nos.1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed..Category: Property Law | Date: | Hits: 64
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....urn the memorandum of cross‑objections to defendant Nos. 5 and 9. The office is directed to make the appeal ready expeditiously. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 547. ......f any (Assistant Judge) shall be preferred to the Court of such Subordinate Judge as may be mentioned in the notification, and the appeals shall thereupon be preferred accordingly. 13. There is no dispute that the Artha Rin Adalats are presided over by Subordinate Judges, Section 21 of the Act pr..Category: Civil Law | Date: | Hits: 96
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....or or defect in the decisions on merit. Thus, the appeals having no merit, its fail. In the result, all these appeals are dismissed. Ed. This Case is also Reported in: 16 BLC (2011) 830. ......-2006 and thereafter defendant No.1 (a) to 1(e) filed written statement not as heir of defendant No.1. 14. In the written statement defendants totally denied the plaint case. It is their case that disputed property was allotted to their father, deceased Shamsul Kabir Humayun Reza who was BSC Engi..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....o merit in this appeal. In the result, the appeal is dismissed with cost and the judgment and decree of the court below is affirmed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 541.......res and the plaintiffs are in possession of 1.37 acres and Sirajbi Bibi is in possession of 0.41 acres of CS plot No.313 but the present RS record has not been properly prepared and the same is under dispute. The 'A' Schedule property of the plaint is ejmali property of the plaintiffs and the defend..Category: Property Law | Date: | Hits: 55
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....e receipt of the judgment. The appeals are dismissed with the above observations without any order as to costs. Ed. This Case is also Reported in: 31 BLD (AD) (2011) 124, VIII ADC (2011) 518.......perty. As no bidder attended in the auction sale on successive three dates on 12th March, 30th March and 14th June, 2003, the decree holder came up with a application that it had amicably settled the dispute regarding payment of the decreetal amount with the judgment debtor and prayed for staying fu..Category: Civil Law | Date: | Hits: 90
Mamtajul Karim Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....n in Ward No.3, Musapur Purba Primary School Centre of Musapur Union Parishad immediately after receipt of the order from this Court. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 530. ......er has no power to interfere, cannot be taken for universal application." 11. In the case of Abdur Rouf Miah Vs. Fazlur Rahman reported in 43 DLR (AD) 23 it has been held, "There can hardly be any dispute that the Election Commission got power to organise, conduct and hold election which must be ..Category: Election Law | Date: | Hits: 122
Sher Mohammad and others Vs. Saroda Bala Sen and others, 1993, 22 CLC (HCD)
.... Accordingly the Rule is discharged. The stay granted earlier is hereby vacated. Communicate this order to the lower Court at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 527.......added then it will result in a multiplicity of suits involving numerous questions of law and fact, and the transformation of a simple suit into a title suit, in which case there will be no end to the dispute. He also submits that an eviction proceeding under section 18 of the Premises Rent Control O..Category: Property Law | Date: | Hits: 50
Category: Property Law | Date: | Hits: 70
Md. Azizul Haque Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)
....he plaintiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 236. ......14. Now, let us look at the more important question whether the suit was barred by limitation. In this connection a portion of the plaint is required to be referred to for having a better view of the dispute in question. A portion of the plaint reads as follows: "That the cause of action for the ..Category: Civil Law | Date: | Hits: 97
Category: Property Law | Date: | Hits: 92
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
....cordance with law. In the facts and circumstances of the case, there will be no order as to costs. Send down the LC records at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 131.......e is an unequivocal admission and where there is an admission but it has been pleaded that the suit is not itself maintainable, then also no decree can be passed on such admission. 19. There is no dispute with the principles enunciated in the case under report but they are not applicable in the f..Category: Civil Law | Date: | Hits: 104
Evergreen Marine Corporation Vs. Habib and Brothers and others, 2010, 39 CLC (HCD)
....merit in the application and the same is liable to be rejected. Accordingly, the application praying to return of the plaint is rejected. Ed. This Case is also Reported in: 16 BLC (2011) 902. ......f the plaint and argues that except mentioning a sentence that the plaintiff carrier on business of shipping, nowhere in the four corners of the plaint the status of the plaintiff as carrier of the disputed consignment has been mentioned and therefore, this suit is not maintainable in this Admiral..Category: Admiralty Law or Maritime Law | Date: | Hits: 202
Category: Trust/Waqf Law | Date: | Hits: 183
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ...... to seek. In the first place, abatement of a suit precludes fresh suit on the same cause of action, although there is no trial on merit of the case. An order of abatement never goes to the merit of a dispute between the parties. If abatement is set aside the merit of the dispute can be determined. I..Category: Limitation Law | Date: | Hits: 219
Jiban Bima Corporation and another Vs. A.K.M. Harun-Or-Rashid and others, 2011, 40 CLC (AD)
.... appeal which is accordingly allowed, without however, any order as to costs. The impugned judgment and order of the High Court Division is hereby set aside. Ed. This Case is also Reported in: ......9. We have considered the submissions of the learned Counsel for both parties and perused the impugned judgment of the High Court Division and other connected materials on record. 10. There is no dispute that the writ petitioner entered into employment of the Ideal Life Assurance Company Limited..Category: Employment/Service Law | Date: | Hits: 58
Kazi Abdul Awal Zewar Rashid Vs. Dhaka Municipal Corporation and another, 1990, 19 CLC (HCD)
....t his report within fifteen days from appointment. The stay granted earlier is thereby vacated. Communicate this order at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 509. ......as owned by the Dhaka Municipal Corporation and during the cross examination there appeared a plea that Municipal Holding No.72 is situated in CS Plot No.102 and not in plot No.101. To resolve that dispute the plaintiff on 4.11.89 filed an application under Order 26, rule 9 of the Code of Civil Pr..Category: Property Law | Date: | Hits: 71
Ms. Ok-Kyung Oh, Dhaka Vs. Tea Hung Packaging (Bd) Ltd. and Others, 2011, 40 CLC (AD)
....d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ......d judgment and order. In the result, the appeal is dismissed. There is no order as to cost. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 1, 32 BLD (AD) (2012) 16; 9 ADC (2012) 472. ..Category: Company Law | Date: | Hits: 235
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
....on 19 and the Rule 24 provide for granting a provisional certificate of citizenship till the doubt is resolved. There is nothing in the said section 19 or the said Rule 24 providing any guideline for resolution of the question of citizenship of a doubtful nature. Article 2 of PO 149 of 1972 laid dow......angladesh i.e. in Pakistan and who was prevented from returning to Bangladesh. 21. The petitioner comes to the first category of persons. So far as the first qualification is concerned there is no dispute that not only the petitioner but his father and grandfather were born in the territory now c..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ......sposed of with direction upon the Review petitioners and the Review Respondent No. 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
.... the mean time, some inimical persons of the original lessee made a complaint to RAJUK alleging that he got allotment of the plot by filing a false affidavit. Pursuant to such complaint, RAJUK took a resolution not to mutate the said plot in favour of Qazi Kamal. In the context of the matter, Qazi K......sale deed No.1997 dated 11-2-2009 (Annexure-A) executed by respondent No.5 (writ respondent No.5)". 2. Writ-Petitioners averred in the writ petition that pursuant to an agreement for sale of the disputed property, they got a decree for Specific Performance of Contract in Other Class Suit No.40 ..Category: Property Law | Date: | Hits: 68