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Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)

....order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89.......if Ahmed…………………………………………Opposite Party Judgment June 22, 1994 Result: The rule is discharged. Cases Referred to- Mohammad Salim Vs. Md. Siddick Jamal and others 22 DLR 841; Ahmed Shan Khan Vs. Abdul Barkat;11 DLR 427; Abdul Khalek Mia Vs. Maya Debi a......order as to costs. The stay granted earlier by this court is hereby vacated. Communicate this order to the court concerned at once. Ed. This case is also Reported in: 49 DLR (HD) (1997) 89....... Revision No. 1420 of 1992. Judgment Md. Sirajul Islam J. - This Rule at the instance of the defendant-petitioner under section 25 of the Small Cause Courts Act was issued calling upon the plaintiff-opposite party to show cause as to why the judgment and order dated 19‑5‑92 passed by ..

Category: Property Law | Date: | Hits: 59

Chittagong Port Authority and another Vs. M/s. Crete Construction Company Ltd., & another, 1978, 7 CLC (AD)

.... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ...... is also Reported in: 31 DLR (AD) (1979) 138. ...... stay. This is also a good ground for not granting stay of the suit. For the foregoing reasons this appeal is dismissed with costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 138. ......quiry, it is to be observed that we find justification in the contention of Mr. Ahmed Sobhan, learned Counsel for the Appellants that the learned Judges were in error in holding that the claim of the plaintiff in the plaint arose from breach of contract entered into in 1973. If so, he argues they we..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)

....nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ...... March 30, 1988. Result: The appeal be allowed. Cases Referred to- Tofail Ahmed Vs. Ahmed AIR 1938 Nag 177; Gopal Krishna Sil, 34 CLJ 319; Gopal Krishna Sil. Vs. Abdus Samad Chowdhury and others, 34 CLJ 319; Shafatullah and others Vs. Munshi Ainuddin and others, PLD 1964 (Dac.) 52, A......nd to the appellate Court for fresh decision in the light of observation made in the body of the judgment and in accordance with law. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 228. ...... 1976 by the Subordinate Judge, 1st Additional Court, Sylhet affirming the judgment and decree dated 31.3.1975 passed by the Munsif, 1st Court, Sadar, Sylhet. 2. The respondent opposite parties as plaintiffs filed Title Suit No. 323 of 1970 in the 1st Court of Sadar Munsif, Sylhet in representati..

Category: Property Law | Date: | Hits: 58

Tajidullah & others Vs. Sona Miah & others, 1986, 15 CLC (HCD)

....ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......llants. B.K. Das with Miftahuddin Chowdhury, Advocates - For the Respondents. Second Appeal No. 314 of 1973. Judgment Abdul Bari Sarker J.- This appeal is directed against the judgment and decrees passed by Mr. K.M. Hossain, Additional District Judge, Second Court, Sylhet in Title Ap�......ill be at liberty to amend the pleadings and adduce fresh evidence, if so desire. There will be no order as lo costs of this appeal. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 223.......land measuring 5.75 acres and recovery of khas possession by removing all obstructions such as tin-shed house, fencing etc. and for mesne profits in a subsequent proceeding. 3. The case of the plaintiff in short is that the suit land belonged to Sarada Ranjan DC and Kumud Ranjan DC and the pl..

Category: Property Law | Date: | Hits: 66

Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)

....o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......43); Sultan Ali Vs. Nur Hussain Habibur Rahman Vs. Election Commission, 40 DLR 459; Haji Sultan Ahmed Vs. Abdul Jalil Chowdhury, BCR 1988 HCD 61; 27 DLR (AD) 138; Jalaluddin Ahmed Vs. Matiur Rahman and others, AIR 1937 Allahabad, 365; ILR 1931 Bombay, 604; PLD 1949 Lahore 301; 39 DLR 451; 28 DLR......o cost. The impugned order passed by the learned Assistant Judge is set aside and the plaint in Title Suit No. 87 of 1988 is rejected. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 197. ......ssued at the instance of a defendant is directed against the order passed on 22.5.88 by the Assistant Judge, Patuakhali refusing to reject the plaint in Title Suit No.87 of 1988. 2. Opposite party-plaintiff B.D. Habibullah instituted the above mentioned suit on 5.4.88 praying for a declaration ..

Category: Election Law | Date: | Hits: 207

Major (Retd.) Mohammad Afsaruddin Vs. Kamal Rahman, 1989, 18 CLC (HCD)

....the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ...... of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale against the petitioner as defendant No.1 in respect of 9 kathas of land on the allegations that he paid Tk. 2,50,000/- as advance money out of a stipulated total consid......the above reasons we do not find any ground to interfere. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 190. ......88 passed by Mr. A.K.M. Ishtiaque Hossain, Subordinate Judge, 3rd Court/Dhaka in Title Suit No.14 of 1980 rejecting the defendant-petitioner's prayer for amendment of the written statement. 2. The plaintiff-opposite party No.1 instituted the suit for specific performance of contract of sale again..

Category: Property Law | Date: | Hits: 58

Shahabuddin Ahmed Vs. Upazila Election Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ......, 5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 (Peshawar) 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Petitioner. Hemayetuddin Ahmed, Advocate - For Opposite party Nos.1 and 4. Civil Revision No. 84 of 1988. Judgment DM Ansaruddin Ahmed J.- This Rule issued on ......tion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower Court record be sent down forthwith. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 188. ...... party Nos.1 and 4. Civil Revision No. 84 of 1988. 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-petitioner is directed against the order passed on 10.5.88 by Mr. A.S.M. Salah Uddin Khan,..

Category: Election Law | Date: | Hits: 152

Siddiqur Rahman and others Vs. Abdul Jalil Meah and others, 2009, 38 CLC (AD)

.... those findings, the High Court Division, decreed the suit. 5. Mr. Mahbubey Alam, Senior Advocate, appears on behalf of the petitioners. He submits that in order to construct a 12'-0 feet road for ingress and exit from the land of the defendant No.1, a salish was held between the plaintiffs and t...... Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Md. Joynul Abedin J Md. Abdul Matin J Shah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Siddiqur Rahman and others..............................Petitioners Vs. Abdul Jalil Meah and others.................are the paper-books out of Court in accordance with Rules. The parties are directed to maintain status quo till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 1002.......contested the suit by filing a written statement, denying all material averments made in the plaint. 3. On examination of evidence on record, the learned Subordinate Judge, found that although the plaintiff No.1 did not execute the deed of exchange with the defendant No.1 but possession of the su..

Category: Property Law | Date: | Hits: 49

Mosammat Rahima Khatun and others Vs. Emran Ali and others, 2009, 38 CLC (AD)

....of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......reme Court Appellate Division (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Joynul Abedin J Md. Abdul Matin J ABM Khairul Haque J Mosammat Rahima Khatun and others...................Petitioners Vs. Emran Ali and others...................................of paper book is dispensed with as prayed for. The order of status quo granted earlier shall continue till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 991. ......k on remand for trial afresh wherein it was renumbered as Other Class Suit No.96 of 1987. After hearing, the learned Senior Assistant Judge, on consideration of the evidence on record, found that the plaintiffs proved their prima facie title and also possession in the suit land. The learned Judge al..

Category: Property Law | Date: | Hits: 51

Ministry of Communication and others Vs. Md. Ferozur Rahman & ors, 1991, 20, CLC (HCD)

.... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ......High Court Division (Civil Appellate Jurisdiction) Present: Anwarul Hoque Choudhury J Kazi Ebadul Hoque J Ministry of Communication, Railway Division, People's Republic of Bangladesh and others……………Appellants Vs. Md. Ferozur Rahman & ors…………….Respondent...... Rule No. 15 (FM) of 1991 is disposed of accordingly. In the facts and circumstances of the case, there will be no order as to costs. Ed. This case is also reported in: 45 DLR (HCD) (1993) 762. ...... interim order of injunction dated 16.1.91 absolute. 2. Facts leading to this, in short, are that Mr. Firozur Rahman as Managing Director of M/s Golden Dragon Ltd., Caterer, Bangladesh Railway, as plaintiff, filed Title Suit No.14 of 1991 against the defendants namely the Secretary, Ministry of C..

Category: Civil Law | Date: | Hits: 72

Shafiuddin Sarwar Vs. Dhaka Club Limited and others, 1993, 22 CLC (HCD)

....ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......igh Court Division (Civil Revisional Jurisdiction) Present: ARM Amirul Islam Chowdhury J Md. Sirajul Islam J Shafiuddin Sarwar………………Petitioner Vs. Dhaka Club Limited and others…………………Opposite Parties Judgment April 29, 1993. Cases Referred to-......ason stated above the Rule is discharged without any order as to costs. Let the order be communicated to the Courts below at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 753. ......District Judge, Dhaka in Miscellaneous Appeal No.84 of 1993 should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. It appears that the plaintiff petitioner instituted Tide Suit No.56 of 1993 in the Court of Subordinate Judge, 1st Court..

Category: Civil Law | Date: | Hits: 87

Al-haj Abdul Aziz Vs. Kalipada Das & others, 1988, 17 CLC (HCD)

....sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......nsaruddin Ahmed J.- This Rule issued at the instance of the plaintiff-petitioner Alhaj Abdul Aziz on an application under section 115 of the Code of Civil Procedure is directed against the judgment and order passed on 4.12.79 by Mr. M.A. Rahman Mia, Additional District Judge, 1st Court, Bakerganj ......sis of such a decision calls for no interference in revision. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 170. ......For the Petitioner. Japan Kumar Chakraborty, Advocate - For the opposite Parties. Civil Revision No.337 of 1980. Judgment DM Ansaruddin Ahmed J.- This Rule issued at the instance of the plaintiff-petitioner Alhaj Abdul Aziz on an application under section 115 of the Code of Civil Proce..

Category: Procedural Law | Date: | Hits: 65

Shahabuddin Ahmed Vs. Upazila Education Officer, Bakerganj & others, 1988, 17 CLC (HCD)

....ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......5 DLR 89; Karim Gul Vs. Shahzad Gul, PLD 1968 Peshawar, 134. Lawyers Involved: Abdul Malek Munshi, Advocate - For the Petitioner. Hemayetuddin Ahmed, Advocate - For Opposite party Nos.1 and 4. Civil Revision No.84 of 1988. Judgment DM Ansaruddin Ahmed J.- This Rule issued on a......ion thereof, to dispose of the defendant's prayer for rejection of the plaint. Let the lower court record be sent down forth with. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 168. ......e party Nos.1 and 4. Civil Revision No.84 of 1988. 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-petitioner is directed against the order passed on 10.5.88 by Mr. A.S.M. Salah Uddin Khan,..

Category: Election Law | Date: | Hits: 206

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......DLR (2004) 477. ......t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ...... in Title Suit No. 9 of 1988 decreeing the suit should not be set aside and/or pass such other order or further order or orders as to this Court may seem fit and proper. 2. Opposite party No. 1 as plaintiff, filed the suit for declaration that the sale deed mentioned in schedule 2 to the plaint i..

Category: Property Law | Date: | Hits: 80

Jamal Uddin Vs. Mir Kashem Bahumukhi High School and others, 2004, 33 CLC (HCD)

....ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......004) 474. ......ot find any substance in the Rule. In the result, the Rule is discharged without any order as to costs. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 474. ......d decree dated 18‑07‑1999 and 25‑07-1999 respectively passed by learned Senior Assistant Judge, Begumgonj, Noakhali in Title Suit No. 119 of 1996 should not be set aside. The petitioner as plaintiff instituted a suit challenging the dismissal from his service. 2. The plaintiff’s case..

Category: Employment/Service Law | Date: | Hits: 96

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ...... ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......inst an order dated 15‑04‑04 passed by Joint District Judge and Arbitration Court at Dhaka in Title Suit No. 1 of 2003, which rejected a prayer for mandatory injunction. 2. On 25‑02‑03 the plaintiff instituted the suit first for several declarations and for mandatory injunction for paymen..

Category: Civil Law | Date: | Hits: 73

Chitta Ranjan Mistry and others Vs. Radheshyam Mistry and others, 2002, 31 CLC (HCD)

....ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468....... maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......ny substance in the Rule. Accordingly, this Rule is discharged without any order as to costs. The impugned judgment and decree is maintained. Ed. This Case is also Reported in: 56 DLR (2004) 468.......Nesarabad in Title Suit No. 16 of 1989 dismissing the suit 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 petitioners as plaintiffs instituted the said suit for declaration that the deed of gift dated 13‑12‑88 execute..

Category: Property Law | Date: | Hits: 65

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J SAB Mahmudul Huq J Uttara Bank Ltd...............................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is......ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ......Justice was pleased to direct us to hear and dispose of the matter. 3. Defendant No. 1 Uttara Bank obtained the Rule against aforesaid decree of reversal. Opposite party No. 1, Syed Abidur Reza as plaintiff on 17‑3-82 instituted Title Suit No. 97 of 1982 against the petitioner and others for ..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Industries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......) (1993) 749.......urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......nce of the Rule no ad‑interim order was passed by this Court. Since no ad‑interim order was passed, the matter was heard expeditiously by this Court. It appears from a copy of the plaint that the plaintiffs have instituted the suit for the following reliefs: a) To pass a decree declaring that..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Ministry of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......y of Works & others…………………..Respondents Judgment July 29, 1993. Result: The Rule is discharged. Cases Referred to- Rahela Khatoon Vs. Chairman, Court of Settlement and others, 45 DLR 5; Hosne Ara Begum Vs. Chairman, Court of Settlement and another, Civil Petition ......' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ...... such the said judgment and decree is not binding upon the Government. 9. It appears from the certified copy of the judgment and decree dated 30th July, 1986 in Title Suit No. 249 of 1984 that the plaintiff was directed to deposit balance consideration money of Taka 500.00 in Court within 30 days..

Category: Property Law | Date: | Hits: 81

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