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NFM Universeum Estate Ltd. Vs. ANM Obaidul Islam and others, 2004, 33 CLC (HCD)

....dge at Dhaka in Title Suit No. 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-­interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession of the suit land measuring about 51 decimals, wh......rocedure for using said deed in the suit knowing it to be forged and fraudulent for criminal prosecution. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 563. ......1 passed by the Fifth Court of Joint District Judge at Dhaka in Title Suit No. 135 of 1997, which decreed the suit. 2. One ANM Obaidul Islam, predecessor-in-­interest of respondent Nos. 1 to 8 as plaintiff instituted title Suit No. 120 of 1992 for declaration of title and recovery of possession ..

Category: Property Law | Date: | Hits: 85

Secretary, Bangladesh Jute Corporation & another Vs. The Chairman, Second La­bour Court & another, 1989, 18 CLC (HCD)

....oner Bangladesh Jute Corpora­tion. The Secretary of the petitioner-corporation asked the respondent No.2 by letter dated 23.6.82 to show cause why disciplinary action should not be taken against him for defalcation of Tk. 12.032/- by creating false and fictitious vouchers. The respondent No.2 submi......9.8.82. We, therefore, find no ground for interference. 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) 265. ......Article 102 of the Constitution of the People's Republic of Bangladesh calls into question the judgment and order dated 13.8.86 passed by the Chairman, 2nd Labour Court, Dhaka, respondent No.1, in Complaint Case No.25 of 1984, allowing the said case and directing the second party-petitioner to withd..

Category: Labour and Industrial Law | Date: | Hits: 166

Binode Bihari Ghose Vs. Assistant Custodian, Vested and Non-Resident Property and others, 1998, 27 CLC (HCD)

.... 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.......by the learned Assistant Judge, Tala, Satkhira, in Title Suit No.27 of 1987 decreeing the suit. 2. Facts, giving rise to this Rule may briefly be stated as follows: The respondent-petitioner as plaintiff filed Title Suit No.402 of 1982 in the 2nd Court of the learned Assistant Judge, Satkhira ..

Category: Property Law | Date: | Hits: 56

Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)

....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......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 Dinajpur District Bar Association is illegal, void, without jurisdi......he learned Senior Assistant Judge, Sadar, Dinajpur in Other Suit No. 142/03 should not be set aside. 2. The facts leading to issuing the Rule, in short, inter alia, is that the opposite parties as plaintiffs instituted Other Class Suit No. 142 of 2003 on 17‑9‑03 in the Court of the learned Se..

Category: Civil Law | Date: | Hits: 74

AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)

....e appeal against the decree dated 30‑4‑95 passed by the Subordinate Judge, Court No. 1 at Rangpur in Money Suit No. 6 of 1993, which decreed the suit in part. The plaintiff instituted the suit for a money decree of Taka 8,34,160 for the price of work done together with compensation. 2. Pla......l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......tash Kumar Sarker, Advocates ‑ For the Appellant. Humayun Kabir Khadem, Advocate ‑ For the Respondents. Appeal from Original Decree No. 239 of 1995. Judgment Md Abdur Rashid J. - The plaintiff presented the above appeal against the decree dated 30‑4‑95 passed by the Subordinate ..

Category: Civil Law | Date: | Hits: 99

Government of Bangladesh Vs. Syed Rashid Ahmed Ehsan @ Syed Abdur Rashid and others, 2010, 39 CLC (HCD)

.... 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.......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 Suit No.136 of 1998 in the Court of Subordinate Judge, 2nd Court..

Category: Property Law | Date: | Hits: 64

Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)

....ur Rahman Khan, Mr. Md. Asaduzzaman, and Mrs. Kashefa Hussain, Advocates - For the Petitioners. Mr. Salahuddin Ahmed, Attorney General, with Mr. Md. Delower Hossain, Deputy Attorney General, Mr. Zafor Immam, Assistant Attorney General and Mr. Md. Moslemuddin, Assistant Attorney General - For the ......শ, ২০০৮” (Voluntary Disclosure of Information Ordinance, 2008) (Ordinance No.27 of 2008) published in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 (Annexure-A) and the amendment made thereunder should not be declared to have been made without lawful authority and is o......hority and are of no legal effect. We are grateful to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ..

Category: Constitutional Law | Date: | Hits: 264

Eastern Bank Ltd. and another Vs. Sufia Re‑Rolling Mills and Steel Ltd. and others, 2004, 33 CLC (HCD)

....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. ...... 1 and 2 presented the appeal against the decree dated 11‑1‑99 passed by Subordinate 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 decr..

Category: Civil Law | Date: | Hits: 92

Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)

....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. ......awyers Involved: Ferdausi Sahab, Advocate ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No. 3970 of 2001. Judgment M Hussain Haider J. - In this Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Jud..

Category: Civil Law | Date: | Hits: 75

Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....d 26‑7‑1995 passed by the High Court Division in Civil Revision No. 2819 of 1994 which was affirmed by the Appellate Division of the Supreme Court of Bangladesh on 29‑2‑2000 in Civil Petition for Leave to Appeal No. 79 of 1996. 2. The facts leading to the issuance of the Rule, in brief, a......h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......mbered, as OC Suit No. 227 of 1981 in the Second Court of Subordinate Judge, Mymensingh for declaration that enlistment of a portion of his properties as enemy/vested specified in the schedule to the plaint was illegal and without jurisdiction. The suit was decreed ex parte on 18‑3­1982. The Gove..

Category: Property Law | Date: | Hits: 67

Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)

....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. ...... For Respondent No. 1. Firojur Rohman, Assistant Attorney General ‑ For Respondent No. 8. First Appeal No. 122 of 2001. Judgment Md. Abdur Rashid J. - This appeal was presented by the plaintiff against judgment and decree dated 8‑1‑01 passed by Subordinate Judge, Court No. 1 at C..

Category: Property Law | Date: | Hits: 61

IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)

....ed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. 2. Short facts for disposal of the......ion for temporary injunction is also dismissed. Connected Civil Rule No. 654 (FM) of 2004 is accordingly disposed of. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 154.......an order dated 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 of 2004, which granted temporary injunction restraining the defendants from sending names of the plaintiffs to the Bangladesh Bank for publication in the CIB (Credit Information Bureau) report. ..

Category: Civil Law | Date: | Hits: 71

Daulatpur Ice Cold Storage Ltd. and another Vs. Chairman, Power Development Board and others, 1999, 28 CLC (HCD)

....lared to have been prepared without lawful authority and is of no legal effect and why the respondent shall not be directed to prepare a bill of 91200 units and to accept the payment of the said bill forthwith. 2. The petitioner No.1, Daulatpur Ice and Cold Storage Ltd., is a private limited comp......­1994 evidenced by Annexure 'H' to the application is declared to have been issued without any lawful authority and is of no legal effect. Ed. This Case is also Reported in: 57 DLR (2005) 109. ......legations made by the petitioners and contended that the petitioners were found by the officials of the Power Development Board of consuming electric energy by by‑passing the main line whereupon Complaint case No.249 of 1994 was instituted in the Court of Magistrate, 1st Class, Daulatpur, Khulna, ..

Category: Others | Date: | Hits: 135

Al-Imran Ali and others Vs. Sudangshu Kumar Banik and others, 2004, 33 CLC (HCD)

....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.......titioners. Enayetur Rahim with Md. Jahangir Alam—For the Opposite Parties. Civil Revision No.4194 of 2001. Judgment Afzal Hossain Ahmed J.- This Rule is directed, at the instance of the plaintiff-petitioners, against the judgment and order dated 2‑7‑2001 passed by the Assistant Jud..

Category: Property Law | Date: | Hits: 50

Sardar Jan Mohammad and another Vs. Lutfannessa and others, 2004, 33 CLC (HCD)

.... in Title Suit No. 261 of 1997, which rejected the plaint. 2. Plaintiffs on 6‑5‑92 instituted Title Suit No. 79 of 1992 in the Third Court of Subordinate Judge at Dhaka against the respondents for Specific Performance of a contract. The suit was then on transfer renumbered as Title Suit No. 2......side. Learned Subordinate Judge is directed to hear and dispose of the Suit in accordance with law, expeditiously. Send down the record. Ed. This Case is also Reported in: 56 DLR (2004) 514. ......ent Md. Abdur Rashid J. - Plaintiffs presented the appeal against an order dated 26‑2‑2001 passed by Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 261 of 1997, which rejected the plaint. 2. Plaintiffs on 6‑5‑92 instituted Title Suit No. 79 of 1992 in the Third Court of Su..

Category: Property Law | Date: | Hits: 61

Lalit Kumar Roy and 2 others Vs. Krishnapada Biswas & others, 2002, 31 CLC (HCD)

....275 of 1995 reversing those dated 22‑8-­95 of the Subordinate Judge, Court No.1 at Bagerhat passed in Title Suit No. 54 of 1993 and in dismissing the suit. 2. The plaintiffs instituted the suit for partition simpliciter of the suit land measuring about 10.15 acres for a separate joint share of......dal. It is needless to say, they cannot inherit as reversioners to the estate of Paban Mondal without setting aside the alienation by the widow vide Exhibit A dated 14-5-42. 29. We find that by an amendment, the plaintiffs amended the plaint by adding paragraph 4 (ka) therein. In the added paragr...... Parimal Chandra Guha—For the Petitioners. Subash Chandra Saha—For Opposite Party No.1. Civil Revision No. 2817 of 1999. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiffs upon making a revision application under section 115 of the Code of Civil Procedure again..

Category: Property Law | Date: | Hits: 64

Intertek Testing Service (BD) Ltd. and another Vs. President, Appellate Tribunal, Customs, Excise and VAT, Dhaka and others, 2003, 32 CLC (HCD)

....2000. 4. The Siemens Bangladesh Ltd. imported 1349 pieces Siemens S‑16 Mobile Phone and 1349 pieces of Travel Chargers along with the accessories under a Letter of Credit dated 9‑3‑2000. Before shipment, the petitioner company through its overseas office at 'LINFORT BERMANY" inspected the......de any such penalty imposed under section 156 or any other provision of the Act. Had the legislature ever intended to include a penalty levied under the Order, it could have come out with appropriate amendment. 38. In the Value Added Tax, section 42 (1) provides for an appeal against any order or...... hence, of no legal effect. The Appellate Tribunal is hereby directed to dispose of the appeals in accordance with law as early as possible. Ed. This Case is also Reported in: 57 DLR (2005) 74. ..

Category: Fiscal/Taxation Law | Date: | Hits: 122

Padma Oil Co. Ltd. Vs. SM Nurul Islam and others, 2002, 31 CLC (HCD)

....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. ......ue, Advocate ‑ For the Opposite­ Parties. Civil Revision No. 2514 of 2000. Judgment Faruque Ahmed J. - This Rule at the instance of the defendant No. 2 petitioner was issued directing the plaintiff opposite party No. 1 to show cause as to why the judgment and decree dated 8‑3‑2000 pa..

Category: Employment/Service Law | Date: | Hits: 122

Noor Alam Vs. Sonali Bank and others, 2011, 40 CLC (HCD)

...., Sonali Bank as plaintiff filed a suit being Title Suit No. 145 of 1999 in the Court of Subordinate Judge, 3rd Court, Dhaka impleading the present appellant Noor Alam and 2(two) others as defendants for realization of its outstanding dues amounting to Tk.4,43,888.50 with interest. The plaintiff's c......m other defendant Nos. 1-2 in accordance with law. Let a copy of this judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 332.......he Subordinate Judge, Additional Commercial Court No.1, Dhaka in Title Suit No.145 of 1999 decreeing the suit. 2. Relevant facts of the case, in short, are that the respondent No.1, Sonali Bank as plaintiff filed a suit being Title Suit No. 145 of 1999 in the Court of Subordinate Judge, 3rd Court..

Category: Procedural Law | Date: | Hits: 107

Sheikh Hasina Wazed @ Sheikh Hasina Vs. State and another, 2010, 39 CLC (HCD)

....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. ......andatory provision of law has been violated in lodging the FIR or in starting the case against the petitioner by the informant and, as such, it is ex-facie illegal and malice in law inasmuch as to complaint ever been lodged by any person or any quarter against the peti­tioner under Rules 3 and 4 of..

Category: Criminal Law | Date: | Hits: 126