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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.......43 of 1983 in the Labour Court at Chittagong against the opposite party No.1 and others. The Labour Court on contest allowed the said case and directed the Registrar of the Trade Union to record the amendment in the constitution of the said Trade Union. But as the Registrar did not comply with the ......ourt 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 below:
“(ক) ম্যানডেটারী ইনজাংশানের ডি..
Category: Labour and Industrial Law | Date: | Hits: 203
Jagodish Chandra Dutta Vs. M. H. Azad, 1989, 18 CLC (HCD)
....t he was a mechanic of the said Estate. The opposite party dismissed him from service on 27.12.77 on the ground of unauthorized absence from duties without issuing any notice to show cause. He prayed for his re-instatement in service. 3. The said case was contested by the 2nd party Management who......n exercise of the inherent jurisdiction under section 561A of the Code even. In this view of the matter, the Rule is discharged. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 257. ...... C.R. Case No. 38 of 1984 acquitting the opposite party from the charges under section 26 of the Employment of Labour (Standing Orders) Act, 1965. 2. The petitioner as first party filed the complaint case No.72 of 1979 under section 25(1)(b) of the Employment of Labour of (Standing Orders) Ac..Category: Labour and Industrial Law | Date: | Hits: 177
Abdul Hannan Chowdhury and Asgar Hossain Vs. Shamsul Huq Sikder and the State, 1989, 18 CLC (HCD)
.... 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. ...... list were sent to the complainant namely, the Drug Superintendent, who forwarded the same to the analyst for test and report. Thereafter Mr. Shamsul Huq Shikdar, the Drug Superintendent filed a complaint before the Drug Court, Dhaka for taking cognizance of the case under section 16 of the Drugs ..Category: Criminal Law | Date: | Hits: 83
Maulana Abdul Motin & others Vs. Shah Alam Bhuiyan & others, 1989, 28 CLC (HCD)
....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. ......cation 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 for the disposal of the Rule is that, the plaintiff opposite party no.1 filed Title suit No.186 of 1987. On the objection of the defendants as..Category: Procedural Law | Date: | Hits: 82
Dr. Mohiuddin Farooque and another Vs. Bangladesh, 1997, 26 CLC (HCD)
....itiated pro bono public. Initially, the petition was summarily rejected by the High Court Division on the ground of locus standi. The Appellate Division has sent the matter to the High Court Division for hearing on merit after setting aside the said order of rejection holding that the petitioner has......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ......ance with the directions made above. Having regard to the facts and circumstances of the cases, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 84. ..Category: Environmental Law | Date: | Hits: 1051
Habibur Rahman Khan Vs. Nurul Islam Khan, 1997, 26 CLC (HCD)
.... 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. ......scellaneous 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..Category: Civil Law | Date: | Hits: 65
Syed Abdul Mannan and others Vs. Md. Mujahar Ali Mridha and others, 1997, 26 CLC (HCD)
....d Senior Assistant Judge, Jhalakati, in Title Suit No.203 of 1987. 2. The opposite party as plaintiff filed Title Suit No.203 of 1987 in the Court of the learned Senior Assistant Judge, Jhalakati, for declaration of title and for further declaration that the decree passed in Title Suit No.329 of ......hereby vacated. 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: 50 DLR (HCD) (1998) 81. ......tle Appeal No.42 of 1990 thereby setting aside the judgment and decree dated 31-3-90 passed by the learned Senior Assistant Judge, Jhalakati, in Title Suit No.203 of 1987. 2. The opposite party as plaintiff filed Title Suit No.203 of 1987 in the Court of the learned Senior Assistant Judge, Jhalak..Category: Procedural Law | Date: | Hits: 72
Nur Mohammad Fakir Vs. Bangladesh, 1997, 26 CLC (HCD)
....h Registrar as per the provision of section 4 of the Muslim Marriage and Divorce (Registration) Act, 1974. It has been stated that on the occurrence of a vacancy in the Office of a Nikah Registrar or for a new office the District Registrar may with approval of the Government issue licence to a quali......inance No.XLIX of 1982) the said Act was amended and certain new provision was inserted in the said enactment. The rules framed by the Government in the year 1975 have undergone changes by subsequent amendments and substitution by Gazette Notification and the last amendment was made by Notification ......on all the three Rules are discharged without any order as to cost. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 71. ..Category: Civil Law | Date: | Hits: 90
Jahanara Hasan and another Vs. Md. Nazrul Islam & another, 1997, 26 CLC (HCD)
....iving rise to the filing of this revisional application under section 25 of the Small Causes Court Act and the issuance of this Rule. 2. The plaintiff (landlord) Jahanara Hasan is the petitioner before this Court. She instituted SCC Case No.92 of 1990 for ejectment of defendant Nos. 1 and 2 (tena......ned order. In the result, the Rule is discharged. There will be no order as to costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 65. ......, Dhaka in SCC Case No.24 of 1992 dismissing the suit, giving rise to the filing of this revisional application under section 25 of the Small Causes Court Act and the issuance of this Rule. 2. The plaintiff (landlord) Jahanara Hasan is the petitioner before this Court. She instituted SCC Case No...Category: Property Law | Date: | Hits: 64
Dr. Habibur Rahman MP and others Vs. Shamsun Nahar, 1997, 26 CLC (HCD)
.... Appeal No.104 of 1996 reversing the judgment and order dated 12-10-96 passed by the learned Assistant Judge, Sonatala, Bogra in Other Class Suit No.91 of 1996 disallowing the prayer of the plaintiff for temporary injunction should not be set aside. 2. The opposite party as plaintiff filed Other ...... the learned Assistant Judge, Sonatala, Bogra, in Civil Suit No.91 of 1996 are restored. However, there will be no order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 62.......cellaneous Appeal No.104 of 1996 reversing the judgment and order dated 12-10-96 passed by the learned Assistant Judge, Sonatala, Bogra in Other Class Suit No.91 of 1996 disallowing the prayer of the plaintiff for temporary injunction should not be set aside. 2. The opposite party as plaintiff fi..Category: Employment/Service Law | Date: | Hits: 101
GD Alesio, Livorno, Italy Vs. MV Hawai Splendour & Others, 1996, 25 CLC (HCD)
....lty Suit No.13 of 1996. Judgment Kazi AT Manowaruddin J. - These two applications have been filed by the owner of the vessel MV Hawai Splendour under section 34 of the Admiralty Court Act, 1861 for obtaining security from the owner of the vessel MV Mauro D'Alesio. 2. One of the applications......6 shall proceed independently. Both the applications under section 34 of the Admiralty Court Act, 1861 are, accordingly, disposed of. Ed. This case is also Reported in: 49 DLR (HD) (1997) 122....... The vessel MV Mauro D'Alesio and the vessel MV Hawai Splendour collided with each other on 8-12-95 within the territorial waters of Bangladesh. 5. The owner of the vessel Mauro D’Alesio as plaintiff filed Admiralty Suit No.33 of 1995 against the vessel MV Hawai Splendour and others as def..Category: Admiralty Law or Maritime Law | Date: | Hits: 353
Hakim Ullah Vs. Mutaleb and others, 1996, 25 CLC (HCD)
....ay seem fit and proper. 2. As in both the Rules parties are the same and common question of law is involved, these were heard analogously and are disposed of by this judgment. 3. Facts relevant for the purpose of disposal of both the Rules are as follows: The predecessor‑in‑interest of ......ave been transferred to the Court of Subordinate judge, Hobiganj for disposal. 9. In the appeal, the petitioner filed an application on 19-9-84 under section 153 of the Code of Civil Procedure for amendment of the cause title of the Memorandum of Appeal by bringing the opposite parties as respond......cord and the appeal be heard on merit in accordance with law as if it were presented within time. There will be no order as to costs. Ed. This case is also Reported in: 49 DLR (HD) (1997) 118...Category: Procedural Law | Date: | Hits: 70
Fatema Khatoon Vs. City Bank Ltd. and others, 1996, 25 CLC (HCD)
.... MA Azim Khair, Advocate–For the Opposite Parties. Civil Revision No.4581 of 1995. Judgment Md. Golam Rabbani J.- Petitioner Fatema Khatun filed an application under Order 1 rule 10 CPC for adding her as a defendant in Title Suit No.225 of 1991 pending in the 3rd Court of Subordinate J......er is set aside. Application dated 1‑11‑94 of the petitioner Fatema Khatun in allowed and she is added as a defendant in the suit. Ed. This case is also Reported in: 49 DLR (HD) (1997) 117. ......s of the loanee. Plaintiff Bank has also sought for other reliefs including the sale of the mortgage properties for the realisation of the decretal amount that may be passed in the suit. 3. In the plaint mortgaged properties have been described in (ka), (Kha), and (Ga) schedule stating that late ..Category: Procedural Law | Date: | Hits: 67
Mahmudul Hoque and 5 others Vs. Nowab Ali Chowdhury and 18 others, 1985, 14 CLC (HCD)
....chased in the benami of another person. 3. Suit was contested by the defendant Nos.1-6, 7,10,11,17 to 19 by filing separate written statements except defendant No.17-19 and other defendants prayed for saham. Those saham praying defendants also made certain allegations like the other contesting de......hs from the date of receipt of the lower Court record. Let the lower Court record be sent down to the Court concerned expeditiously. Ed. This case is also Reported in: 49 DLR (HD) (1997) 92 ......ocate‑For the Party Nos. 10, 11 and 12. Civil Revision No.5695 of 1991(Dhaka) Civil Revision No.136 of 1990 (Chittagong) Judgment Kazi Ebadul Hoque J.- This Rule at the instance of the plaintiff-petitioners is against judgment and decree dated 12-5-1990 passed by the Subordinate Judge..Category: Civil Law | Date: | Hits: 86
Faiz Ahmed Chowdhury Vs. Arif Ahmed, 1994, 23 CLC (HCD)
....t facts giving rise to this Rule may be stated as follows: The opposite party, Mr. Arif Ahmed as a plaintiff filed SCC Suit No.10 of 1985 in the 3rd Court of Assistant Judge and SCC Judge, Comilla for eviction of the defendant Mr. Faiz Ahmed Chowdhury from the suit premises. The case of the plain......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
....ent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dated 13-12-73 for reconstructing Jetties 1-6. Soon after Respondent 1 had completed a part of the work, prices of ...... 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.
...... Money Suit No.142 of 1976 in the 3rd Court of Sub-ordinate Judge, Chittagong against the Appellants and Respondent 2, the People's Republic of Bangladesh, claiming damages of Tk.84 and odd lacs. The plaint case is that Respondent 1 was employed by Appellants in the year 1973, under an agreement dat..
Category: Alternative Dispute Resolution | Date: | Hits: 161
Abdul Jalil Khondaker & others Vs. Mohd. Mokan & others, 1988, 17 CLC (HCD)
.....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 representative form "for declaring customary right of user of the suit water reservoir by easement by long user......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)
....peals No. 24 of 1972 and 33 of 1972 on 2.4.73 and 2.3.73 respectively. 2. The facts of case are that respondent No.1 Sona Miah filed Title Suit No.1 of 1970 in the 1st Court of Sub-Judge, Sylhet for declaration of his title in the suit land measuring 5.75 acres and recovery of khas possession......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
AKM Ruhul Amin Vs. Al-haj Abdul Latif & others, 1986, 15 CLC (HCD)
....tion Appeal No.2 of 1984 reversing the Judgment and order dated 31.5.84 passed by the learned Election Tribunal, Bhola should not be set aside. 2. The petitioner filed the election petition before the Election Tribunal, Bhola on 29.2.84 challenging the election of the opposite party No.1 w......e markings were done with indistinct and different inks in the 94 ballots declared by the Tribunal as invalid voles. He also held that the learned Election Tribunal illegally allowed the petition for amendment which was time-barred. On these findings the learned District Judge allowed the appeal and......erfere with the impugned order of the learned District Judge. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 206. ..Category: Election Law | Date: | Hits: 163
Mostofa Kamal Vs. B. D. Habibullah & others, 1988, 17 CLC (HCD)
....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 that the order dated 1.4.88 of the Election Commission dispensing with the necessi......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. ......988. Judgment DM Ansaruddin Ahmed J.- This Rule issued 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 ..Category: Election Law | Date: | Hits: 207
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