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....hts which he has acquired under the sale deed.
28. If the conditions of section 31 of the Specific Relief Act are satisfied the Court cannot refuse rectification merely on account of omission of a prayer for rectification.
29. In the case of Bidhusdhar Mohanti and another Vs. Ansta reported in...... No.402 of 1982 in the 2nd Court of the learned Assistant Judge, Satkhira which on transfer to the Court of the learned Assistant Judge, Tala was re-numbered as Title Suit No.27 of 1997. The suit was for declaration of plaintiffs title in respect of 1.27 acre of land hereinafter referred to as the s...... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134....... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
....tentions. 17. For the above discussion, the appeal succeeds. Accordingly, we set aside the order of attachment before judgment passed by the trial Court. There will be no order as to costs. The prayer for certificate is refused. Md. Nurul Islam J.- I agree with the judgment and decision of ......pondent No.1. Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ...... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....ndatory injunction as prayed, The defendants-petitioners appeared before the Court on 20‑9‑2003 in compliance of the notice and prayed for time for filing written objection. The Court allowed the prayer and also passed another order on the application of the plaintiffs filed in the morning direc......at the opposite parties as plaintiffs instituted Other Class Suit No. 142 of 2003 on 17‑9‑03 in the Court of the learned Senior Assistant Judge, Sadar, Dinajpur against the defendants-petitioners for a declaration that the decision dated 14‑9‑03 relating to amendment of the Constitution of D......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
....nd others, who accepted the rent since 21.02.63 in respect of 0.1801 acre; that said Khan Bahadur Eklimur Raja applied for release of his property and the then Government of East Pakistan allowed his prayer and released 0.1801 acre of land; that 0.3352 acre of land was acquired for Agricultural Deve...... of affirmance dated 3.02.2003 passed by the learned Additional District Judge, 3rd Court, Sylhet in Title Appeal No.332 of 2001 should not be set-aside.
2. Material facts of the case as necessary for disposal of the Rule are that the opposite party Nos.1-5 as plaintiffs filed a suit being Title ......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....n of the judgment and order dated 15.08.2006 passed by High Court Division. In Criminal Miscellaneous case No.4636 of 2006 and upon hearing, the Judge in Chamber of the Appellate Division refused the prayer for stay vide order dated 05.10.2006 and thereafter the informant upon obtaining the certifie......Shafiuddin with Mr. Md. Siraj, Advocate - For the opposite party No.2. Criminal Miscellaneous Case No. 6294 of 2008. (An application under section 561A of the Code of Criminal Procedure, 1898 for quashment of proceedings of the Patenga P.S case No.4 dated 11.4.2004 under section 302/34 of th......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
....DLR 155.
38. In order to appreciate the conflicting submissions of learned Advocates, we must first consider the contract as entered by the parties. The bank on 16‑2‑85 granted sanction to the prayer of the plaintiffs for credit facilities, Exhibit 'Ga'. In the said sanction letter, the credi......nate Judge, Court No. 3 at Dhaka in Money Suit No. 47 of 1991, which decreed the suit.
Respondent Nos. I to 6 as plaintiffs on 20‑6-91 instituted the suit against the appellants and two others for a money decree of Taka 6,86,99,585.21.
2. Plaint case, in short, is that plaintiff No. 1 was ......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
.... of Title Suit No. 134 of 1958. 7. The learned Assistant Judge by order No. 14 dated 30‑5‑2001 was pleased to reject the said application holding that on 29‑4‑2001 an application with same prayer being rejected, there is no scope for entertaining the present application. Against the said ......his Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit No. 46 of 2000 rejecting the petitioner's application for calling for the records of Title Suit No. 134 of 1958 and accordingly, the opposite party Nos. 1......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
.... Requisition of Immovable Property Ordinance, 1982 (Ordinance No. 11 of 1982), hereinafter referred to as the Ordinance. Plaintiff opposed the application by filing a written objection against the prayer on 28‑2‑2000. The learned Subordinate Judge by impugned decree rejected the plaint on ......ent and decree dated 8‑1‑01 passed by Subordinate Judge, Court No. 1 at Chittagong in Other Suit No. 88 of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff societ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ..Category: Property Law | Date: | Hits: 61
Safiqur Rahman (Md.) and others Vs. Ambia Khatoon and others, 2004, 33 CLC (HCD)
....ismissal of the case. 4. Aforesaid Miscellaneous Case No.5 of 1998 was fixed for peremptory hearing on 2‑8‑2001 when the pre‑emptors were not present but the pre-emptees were present and a prayer for adjournment was made by the pre‑emptors but the trial Court rejected the said prayer ......not maintainable. According to the pre-emptees, the Miscellaneous case was not filed by pre‑emptor Nos.1, 2, 4, 5, 6 and 7 and their signatures in the vokalatnama and Miscellaneous application were forged and fabricated and prayed for dismissal of the case. 4. Aforesaid Miscellaneous Case No.5 ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ...... Case No.5 of 1998 as passed at the time of the issuance of the Rule for a period of 3(three) months and subsequently extended is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 143. ..Category: Property Law | Date: | Hits: 52
Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)
....irected, at the instance of the plaintiff-petitioners, against the judgment and order dated 2‑7‑2001 passed by the Assistant Judge, Chirir Bandar, Dinajpur in Title Suit No.7 of 1985 allowing the prayer dated 17‑6‑2001 of the defendant No.30 for order of substitution of the heirs of defendan......ers, against the judgment and order dated 2‑7‑2001 passed by the Assistant Judge, Chirir Bandar, Dinajpur in Title Suit No.7 of 1985 allowing the prayer dated 17‑6‑2001 of the defendant No.30 for order of substitution of the heirs of defendant No.3 and accepting the additional written statem......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106.......2001 is hereby set aside. Since it is a long pending suit the trial Court is directed to dispose of the same as expeditiously as possible. Ed. This Case is also Reported in: 57 DLR (2005) 106...Category: Property Law | Date: | Hits: 50
Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)
....efendant No. 2 contested the suit by filing a written statement denying the material allegations of the plaint and contending, inter alia, that the suit is not maintainable in the present form as the prayers made therein are not tenable in law, the relationship between the petitioner-company and the......tle Suit No. 285 of 1995 in the Court of the 4th Assistant Judge, Dhaka which was on transfer renumbered as Title Suit No. 146 of 1997 of the Court of the Assistant Judge, 5th Additional Court, Dhaka for declaration that the order dated 7‑7‑1993 passed by the defendant petitioner discharging the...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ...... as to cost. The order of stay granted at the time of issuance of the Rule stands vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 56 DLR (2004) 505. ..Category: Employment/Service Law | Date: | Hits: 122
Industrialisation Fund for Developing Countries Vs. Northern Corporation Limited, 2010, 39 CLC (HCD)
....e Petitioner may only pursue against the Borrower in keeping with Danish Law, thereby, negating any authority that this Court may otherwise exercise under the Act. By that reason the Opposite Party's prayer is for this Application to be rejected. Heard the learned Advocate for the Petitioner and ......313; 30 BLD (HCD) (2010) 623. ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ......n the Opposite Party and Mr. Kamal-ul Alam by a Special Messenger at the cost of the Petitioner. Ed. This Case is also Reported in:16 MLR (HCD) (2011) 313; 30 BLD (HCD) (2010) 623. ..Category: Alternative Dispute Resolution | Date: | Hits: 222
Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)
....dated 27-10-2008 the stay order was extended till disposal of the Rule. 43. At the time of issuance of the Rule Mr. Md. Khurshid Alam Khan, Advocate made appearance on behalf of the ACC and on his prayer ACC was added as opposite party No.2. 44. But no Counter Affidavit has been filed on behal......order or orders as to this Court may seem fit and proper. 2. The prosecution case, in short, is that one MM Shabbir Hassan, Deputy Director, Anti-Corruption Commission on 9-12-2007 lodged First Information Report, (hereinafter referred as FIR) in Tejgaon Police Station alleging inter alia that i......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ......giving able assistance to this Court in the matter of disposing the rule in an effective manner. Send down the Lower Court records. Ed. This Case is also Reported in: 63 DLR (HD) (2011) 40. ..Category: Criminal Law | Date: | Hits: 126
Altaf Miah Vs. Md. Anwar Hossain and another, 1982, 11 CLC (AD)
....n application on June 19, 1974 to the Adminiatrator to allow him to continue as the Mutwalli. The appellant Altaf Mia also filed an application before the Administrator on February 4, 1975 with a prayer to allow him to succeed to the Mutwalliship. This gave rise to a contest between the two pers......f the judgment written by my learned brother Badrul Haider Chowdhurv J. which happens to be the majority judgment of the Court. Finding myself not in agreement with the decision I give my own reasons for allowing the appeal. 2. In this appeal by special leave the question for consideration is whe...... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108....... COURT By the majority opinion the appeal is dismissed with costs and the judgment and order of the High Court Division are affirmed. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 108...Category: Trust/Waqf Law | Date: | Hits: 188
....of the Labour Court, the said Trade Union instituted Other Suit No. 68 of 1988 in the Court of Assistant Judge, Second Court, Sadar, Chittagong for both mandatory and permanent injunction, with the prayers which are specifically stated in prayers. 'Ka' and 'Kha' respectively in the plaint as bel.......
Md. Nurul Huda with Faridul Alam Chowdhury Advocates - For the opposite party petitioner.
Civil Revision No. 329 of 1988.
Judgment
AM Mahmudur Rahman J.- The opposite party No.3 in the aforesaid Civil Revision has filed this application under Order 39 Rule 4 C.P.C. for selling aside th......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262.......d on contest and order of ad-interim injunction granted by this Court ex-parte on 23.11.1988 is hereby set aside. No order as to costs.
Ed.
This Case is also Reported in: 41 DLR (HCD) (1989) 262...
Category: Labour and Industrial Law | Date: | Hits: 203
Md. Nawab Ali Khondker Vs. Md. Aminuddin & Others, 1989, 18 CLC (HCD)
....be declared as Chairman of the said Union Parishad and also the election of Malonchi Union Parishad Polling Centre being illegal and void re-election of that polling centre should not be held. On the prayer of the petitioner this court was also pleased to stay the operation of the impugned declara......tion and publication of result in the official Gazette. 2. The petitioner's case, in brief, is that he is a renowned social worker and has been working as Chairman of the Malonchi Union Parishad for the last four and half years. The petitioner contested the election along with respondent Nos.1 ......e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ......e, if any, for vindication of his right, if so advised. In the result, therefore, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 (HCD) DLR 254. ..Category: Election Law | Date: | Hits: 171
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
....king cognizance of the case under section 16 of the Drugs (Control) Ordinance, 1982. On that complaint cognizance was taken by the Court vide order dated 26.2.87 in Drug Case No.3 of 1987 when on the prayer of the accused appellants they were enlarged on bail. The case was heard by Mr. M.M. Munsef A...... Dhaka on 30.3.88 in Drug Case No.3 of 1987 convicting the appellants under section 16 of the Drugs (Control) Ordinance, 1982 and sentencing each of them there under to suffer rigorous imprisonment for a period of 3 years and a fine of Tk. 50,000/- each with a default order. 2. Facts leading to......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ......bt and they are released from their bail bonds immediately. The appeal is therefore, allowed. Send down the L.C. records at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 246. ..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....is about 200 yards north of the petitioner's land. The case was fixed for hearing of the temporary injunction on 31.12.87 and on that date by the impugned order the injunction was allowed but the prayer for local investigation was disallowed. 3. The defendant being aggrieved by the order of r......rected against order No.15 dated 31.12.87 passed by the subordinate Judge, 2nd Court, Dhaka in Title Suit No.517 of 1987 rejecting the application under Order 26 rule 9 of the Code of Civil Procedure for holding a local investigation of the suit land. 2. The short fact that will be necessary fo......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ......scharged without any order as to costs. The stay order granted by this Court staying all further proceeding in title suit is vacated. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 243. ..Category: Procedural Law | Date: | Hits: 82
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
.... appeal at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subordinate Judge, 1st Court, Barisal, in Title Suit No.65 of 1995 allowing the plaintiffs prayer for attaching, before judgment, MV Ishrat Khan, cargo Coaster No.C-678. 2. This first misc...... at the instance of the defendant is directed against the order dated 12-9-1996 passed by the learned Subordinate Judge, 1st Court, Barisal, in Title Suit No.65 of 1995 allowing the plaintiffs prayer for attaching, before judgment, MV Ishrat Khan, cargo Coaster No.C-678. 2. This first miscellaneo......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ......ible. The Rule being Civil Rule No. 390 (fm) 96 is accordingly disposed of. Send a copy of the judgement to the Court below at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 82. ..Category: Civil Law | Date: | Hits: 65
....other Vs. Assistant Collector of Customs and others reported in 11 BLD (AD) 327 objection as to maintainability was negatived on the ground that huge sum was demanded from the writ petitioner and his prayer for exemption from depositing the demanded sum was rather arbitrarily rejected by the appella...... impugned order/letter dated 11-10-92 (Annexure-R) issued by the respondent No.1 should not be declared to have been passed without any lawful authority and of no legal effect.
2. Learned Advocate for the petitioner after placing the petition and other materials on record submitted that sample of......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
......the above facts and circumstance we find no merit in this Rule.
In the result, the Rule is discharged without any order as to cost.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 79.
..
Category: Fiscal/Taxation Law | Date: | Hits: 117
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