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Sheikh Hassan Vs. Mst. Shiriya Begum and another, 2009, 38 CLC (AD)
.... does not show presence of any witnesses on behalf of the defendant. It therefore appears that the defendant was not at all diligent and careful in defending the suit and at this revisional stage the prayer for remanding the appeal to the lower appellate court to fill up the lacuna can not be allowe......e-on-Record- For the petitioner. Abdul Aziz Chowdhury, Advocate, instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent No.1. Not represented- Respondent No.2. Civil Petition for Leave to Appeal No.1211 of 2008. (From the judgment and order dated 28.2.2008 passed by the H......how presence of any witnesses on behalf of the defendant. It therefore appears that the defendant was not at all diligent and careful in defending the suit and at this revisional stage the prayer for remanding the appeal to the lower appellate court to fill up the lacuna can not be allowed as the sa......cord arrived at a correct decision and accordingly there is no cogent reason to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 146...Category: Property Law | Date: | Hits: 54
Bangladesh Steel & Engineering Corporation Vs. Arif A. Shekha and others, 2010, 39 CLC (AD)
....972 and 04.06.1972 and pressed for release of the company without any response from the Government. On 02.02.1978 appellant No.1 received for the first time an intimation from the Government that the prayer for release of the company in favour of the shareholders have been rejected. Appellant No.1 f......ion No.72 of 2008. (From the judgment and order dated 04.06.2007 passed by this Division in Civil Appeal Nos. 33-34 of 1997 and 40 of 2000.) Judgment Md. Abdul Matin J.- This review petition for leave to appeal is directed against the judgment and order dated 04.06.2007 passed by this Divis......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ......lawful authority. No case has been made out for review. We find no substance in this review petition which is accordingly dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)137. ..Category: Business or Commercial Law | Date: | Hits: 195
Mostafa Kamal Vs. Md. Nasir Ahmed and others, 2008, 37 CLC (AD)
.... to the defendant Nos.1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed a case in the Court of Sub-Divisional Magistrate with a prayer for demarcating his share to the extent of 0.505 acre and that in presence of the parties the...... defendant Nos.1 and 3-7 that while dispute arose between Keramat Ali and the plaintiffs, predecessor Mojibul Haque, Mojibul Haque filed a case in the Court of Sub-Divisional Magistrate with a prayer for demarcating his share to the extent of 0.505 acre and that in presence of the parties the survey......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. ......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. ..Category: Property Law | Date: | Hits: 64
Sonali Bank Ltd. Vs. Md. Nur Habib Bappi and others, 2009, 38 CLC (AD)
....as after opening of the tender submitted by more than one tenderer there remains no scope for correction or amendment of any of the tenderer and accordingly the, executing Court rightly rejected such prayer of the respondent No.4 and accordingly the appellate Court was wrong in allowing the prayer o......e, instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the petitioner. Md. Aftab Hossain, Advocate-on-Record-For Respondent Nos. 4. Not represented-Respondent Nos.1-3. Civil Petition for Leave to Appeal No. 893 of 2009. (From the judgment and order dated 2.3.2009 passed by the Hi......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ......ecord made the Rule absolute and there is no cogent reason to call for any interference by this Division. The petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010)121. ..Category: Civil Law | Date: | Hits: 89
National Bank Limited Vs. New Sonali Garments (Private) Ltd. & Others, 1993, 22 CLC (HCD)
....dure in FA No.771 of 1991 on 11.12.91. Thereafter an application under Order 1, rule 10 CPC was filed by Abul Kalam Azad, defendant No.5 for adding him as respondent No.8 in FA No.771 of 1991 and his prayer was allowed by an order of this Court dated 17.12.91. Thereafter on the same day i.e. 17.12.9...... খরচার বলপে ২০০২০০.০০ টাকা বাদীকে আদায় দেন”। 3. It appears that defendant No.5 Abul Kalam Azad presented a Memo of appeal before this Court on 27.6.91 against the judgment and decree passed the aforesaid Money Suit No.528 of......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. ......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. ..Category: Civil Law | Date: | Hits: 96
Sree Chinmoy Chowdhury Vs. Sree Mridul Chowdhury and others, 2009, 38 CLC (AD)
....e suit the plaintiff filed an application before the trial Court for assessment of the value of the property described in schedule 'Ta' of the plaint but the learned Joint District Judge rejected the prayer by his order dated 03.07.1985 mainly on the ground that the contesting defendants admitted th......Record- For the Petitioner. Mahbubey Alam Senior Advocate, Chowdhury Md. Zahangir, Advocate-on-Record- For the Respondent No.1. None represented-For the Respondent Nos. 2-39. Civil Petition for Leave to Appeal No. 940 of 2008. Judgment Mohammad Fazlul Karim J. - This petition for Lea......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ......e above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011)140. ..Category: Property Law | Date: | Hits: 93
MA Hashem Vs. Shamsul Kabir Humayun Reza and anothers, 2011, 40 CLC (HCD)
....োজ তলবনামা দাখিল করিয়াছে। ইহা ইস্যু করা হউক। 33. On 1-4-2004 defendant No.2 appeared and filed written objection against prayer for injunction. On 5-4-2004 defendant No.2 and defendant No.4, Government filed separate peti......taks, on 21-3-1962 to Shamsul Kabir Humayun Reza. To grab this land through legal process 3(three) suits have been filed, first of which is Title Suit No.51 of 2004 was filed by MA Hashem on 8-2-2004 for Specific Performance of a Contract against Shamsul Kabir Humayun Reza second one, Title Suit N......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. ......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. ..Category: Property Law | Date: | Hits: 100
Shah Alam and others Vs. Masuma Khatoon and others, 1993, 22 CLC (HCD)
....d is liable to be dismissed. 8. The learned Advocate for the appellants submitted that the land described in 'B' schedule of the plaint is vague and indefinite and on this ground alone plaintiffs' prayer for recovery of possession is liable to be dismissed. He further submitted that Sirajbi Bibi ......e of defendant Nos.1 to 6 and 10 is directed against the judgment and decree dated 17.8.78 passed by the Subordinate Judge, 1st Court, Dhaka in Title Suit No.27 of 1977 decreeing the plaintiff's suit for declaration of title in the 'A' schedule land and recovery of possession in the 'B' schedule lan......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.......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...Category: Property Law | Date: | Hits: 55
Lt. Col. M. A. Mannan (Retd.) Vs. Social Investment Bank Ltd. and Others, 2010, 39 CLC (AD)
....ings on the ground that it had reached at a mutual settlement with the judgment debtor for payment of the decreetal amount. In the context of the matter the executing Court ought to have accepted the prayer. And if such prayer can not be acceded to, the Court should have directed to publish notice f......aser Lt. Col. M.A. Mannan (Retd) and other at the instance of the decree holder Social Investment Bank Limited arise out the same judgment in Writ Petition Nos. 4783 of 2003 and 4803 of 2003 and therefore these appeals are disposed of by this judgment analogously. 2. The respondent No.1 Social In......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.......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...Category: Civil Law | Date: | Hits: 90
HM Ershad Vs. The State, 1992, 21 CLC (HCD)
....er dated 4.5.92 framing charge against the accused petitioner should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. Though in the prayer portion of the application the order framing charges on both the counts has been challenged b......iminal Revision No. 657 of 1992. Judgment Habibur Rahman Khan J.- This application under section 439 read with section 435 Cr.P.C. filed at the instance of the accused petitioner HM Ershad, the former president of Bangladesh, is directed against the order dated 4.5.92 passed by the Special Jud......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ......ions of ours will not touch the merit of the case in any manner whatsoever. Let the records of the case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 533. ..Category: Criminal Law | Date: | Hits: 286
Kulsum Banu Bibi and another Vs. Abdul Jobbar Bhuiyan and others, 2009, 38 CLC (AD)
.... the suit land has been admitted by the P.W. Nos.2 and 3 as evidenced from their respective depositions and thus the suit is barred under Section 42 of the Specific Relief Act for want of proper prayer for consequential relief in the suit. On appeal, in Title Appeal No.7 of 2005, the plaintiff ......ry and others Vs. Md. Nurul Amin and others, 47 DLR (AD) 162. Lawyers Involved: Abu Siddique, Advocate-on-Record-For the Petitioners. Not represented-the Respondents. Civil Petition for Leave to Appeal No.1623 of 2008. Order Shah Abu Nayeem Mominur Rahman J.- Instant leave pe......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ......on. In the premises we do not find any merit in the leave petition. Accordingly, the petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 19 BLT (AD) (2011) 180. ..Category: Property Law | Date: | Hits: 94
....judgment and order dated 27.08.2009 passed in Writ Petition No.6662 of 2008 by the High Court Division making the rule absolute.
2. The respondent hereof as petitioner filed the Writ Petition with prayer for direction upon the respondent, amongst others, not to issue further letters of appointmen......-For the Petitioners
Mahmudul Islam, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondent Nos. 1-6
Not represented- Respondent No.7-36.
Civil Petition for Leave to Appeal Nos. 2033 of 2009.
Judgment
Shah Abu Nayeem Mominur Rahman J. - Instant ap......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178.......of the representation made by the petitioners. We do not find any merit in the leave petition.
The petition is accordingly dismissed.
Ed.
This Case is also Reported in: 19 BLT (AD) (2011) 178...
Category: Employment/Service Law | Date: | Hits: 62
Moqbul Ahmed & others Vs. Shoeb Chowdhury & Others, 1990, 19 CLC (HCD)
....oth the applications were set down for hearing on 1st September, 1990. On that date the learned Subordinate Judge, after hearing the parties, allowed the application of the plaintiffs but refused the prayer of the petitioners for recording an order of abatement of the suit. 4. Being aggrieved the......rty. Civil Order No. 2565 of 1990. Judgment Bimalendu Bikash Roy Chowdhury J.-This application is directed against an order passed by the Subordinate. Judge, Noakhali allowing an application for addition of the heirs of deceased defendant No.1 (Cha) under Order 1 rule 10 read with section 1......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156.......ion 115 of the Code of Civil Procedure. The application thus merits no consideration and the same is accordingly summarily rejected. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 156...Category: Civil Law | Date: | Hits: 93
A Elahee & Co. Vs. MM Aziz and others, 1991, 20 CLC (HCD)
.... dated 4.6.90 holding that the defendant had not specified the security he was willing to offer. Another application was filed offering i landed property situated in Chittagong City as a security and prayer was made for release from the attachment before judgment the bill amount of Tk. 11,64,254.00....... in his pleading in suit. 2. Facts leading to this, in short, is that, MM Aziz as plaintiff filed a suit being Money Suit No.32 of 1990 in the court of the Subordinate Judge, 2nd Court, Chittagonj for realisation of Tk.11,44,254.00 against defendant‑petitioner namely M/s. A Elahee & Co repr......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.......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...Category: Civil Law | Date: | Hits: 104
Iqbal Hossain and six others Vs. Chairman, Labour Appellate Tribunal and Others, 2011, 40 CLC (HCD)
.... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ......wal J.- Since a common question of law is involved in this matter, all the seven Writ Petitions bearing Nos.7476/2010, 7622/2010, 7623/2010, 7624/2010, 7625/2010, 7626/2010 and 7627/2010 are taken up for hearing and disposal by this single judgment. 2. Rule Nisi was issued calling upon the respon......ndent No.1, Chairman, Labour Appellate Tribunal, Dhaka, in Appeal Case No.21/2008 heard analogously along with Appeal Case Nos.22/2008,23/2008, 24/2008, 25/2008, 26/2008 and 27/2008 vide Annexure-F remanding the Complaint Case Nos.4/2002, 5/2002, 7/2002, 9/2002, 10/2002, 17/2002 and 20/2002 vide A...... respondent No.2) are declared to have been passed without lawful authority and is of no legal effect. Send down the LC records at once. Ed. This Case is also Reported in: 16 BLC (2011) 889. ..Category: Labour and Industrial Law | Date: | Hits: 161
Sunil Chandra Chowdhury Vs. Elders Limited and another, 2011, 40 CLC (AD)
.... and that period was extended from time to time and lastly it was extended upto 11-9-2001, but before expiry of this period the petitioner of that Trade Mark Application No.1 of 2001 did not make any prayer for further extension of that stay. On 19-9-2001 the petitioner made prayer for extension of ......001 arising out of Trade Mark Application No.1 of 2001 holding the appellant guilty of the Contempt of Court and sentencing him to pay a fine of Taka 2,000 in default, to suffer simple imprisonment for 15 (fifteen) days. 2. The respondent No.1 Elders Limited filed Trade Mark Application No.1 of......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ......pt of Court and sentencing him to pay a fine of Taka 2,000, in default, to suffer simple imprisonment for 15(fifteen) days be set aside. Ed. This Case is also Reported in: 64 DLR (AD) (2012) 11. ..Category: Intellectual Property Law | Date: | Hits: 270
SM Naimul Hoque Vs. Additional Deputy Commissioner (City) Dacca and others, 1981, 10 CLC (HCD)
....eved party concerned to file an appeal or take further legal proceeding according to law. Thus the impugned order passed by the Additional Deputy Commissioner of Dacca dis‑allowing the petitioner's prayer for a certified copy of the order passed by it in a proceeding under Article 15 of PO 16 of 1......pplication under Article 102 of the Constitution, the petitioner has challenged a decision of the Additional Deputy Commissioner of Dacca passed on 17.4.79 dis‑allowing the petitioner's application for a certified copy of the order passed in a proceeding under Article 15 of PO 16 of 1972 relating ......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520.......que, the present petitioner herein forthwith. With the aforesaid direction this Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 520...Category: Property Law | Date: | Hits: 65
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....Miscellaneous Appeal No.19 of 1991 dismissing the appeal with costs affirming the order No.37 dated 7.9.91 passed by Senior Assistant Judge, Nowabganj in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 rule 21 of the Code of Civil Procedure. 2. The short facts relevant is, tha......j in other Class Suit No.273 of 1988 rejecting the prayer under Order 11 rule 21 of the Code of Civil Procedure. 2. The short facts relevant is, that the petitioner being plaintiff instituted the aforesaid Other Class Suit No.273 of 1988 in the Court of Assistant Judge, Sadar Nowabganj on 6.9.88 ......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517.......acated. The learned trial Court is hereby directed to conclude the trial expeditiously preferably within 3 (three) months from date. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 517...Category: Procedural Law | Date: | Hits: 68
....o.2 a party although he was physically present in Bangladesh and functioning as a trustee. The said application under section 59 of the Trust Act was registered as Trust Act Case No.1 of 1986. On the prayer of the appellant‑petitioner No.2 he was added as a party on 4.8.86.
3. The appellant‑p......i Lal Roy Chowdhury created a trust of an immovable property by a registered Instrument of Trust executed on 10th April, 1926 corresponding to 27th Chaitra 1332 BS and registered on 19th August, 1926 for the purpose of establishment of a charitable Trust to be named "Hemendra Lal Homocopathic Databy...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
...... Manikganj on 10.6.87 in Trust Act Case No.1 of 1986 was illegal and is therefore set aside.
In the result, the appeal is allowed.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 512.
..
Category: Trust/Waqf Law | Date: | Hits: 183
State Vs. Sree Ram Krisna Nath (Ram Babu) and another, 2011, 40 CLC (AD)
....fter due investigation the police submitted final report as mistake of fact upon examination of the available business record, license and yearly accounts registers of the jewellery shop. There was a prayer for discharging the accused and for return of the seized ornaments and money to the accused-p......ow pending in the Court of Chief Metropolitan Magistrate, Chittagong. 2. Facts of the case, in brief, are as follows: On 11.08.2004 at 3.40 p.m. the District Task Force upon receiving secret information raided the Jewellery Shop called “Nath Jewellers” owned by Sree Ram Krisna Nath (Ram B......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ......ompliance of the Court’s order. Let a copy of this judgment alongwith all the records be transmitted also to the Court of Cognizance Magistrate, Chittagong. Ed. This Case is also Reported in: ..Category: Criminal Law | Date: | Hits: 83
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