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Noni Gopal Das and others Vs. Dinesh Chandra Das and others, 2011, 40 CLC (AD)
....ucted by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. Bivash Chandra Biswas, Advocate-on-Record-For Respondent No.1 None represented-For Respondent Nos.2-3. Civil Petition for Leave to Appeal No. 460 of 2009. (From the judgment and order dated the 10th day of August, 2......ation that the deed of gift executed on 06.04.1985 and registered on 29.07.1985 was false, concocted and not binding upon him was not maintainable filed application before the High Court Division for amendment of the plaint by adding the prayer for declaration of title and such application having be......petitioners against the judgment and order dated the 10th day of August, 2008 passed by the High Court Division in Civil Revision No. 3306 of 2003 making the Rule absolute. 2. Respondent No.1 as plaintiff filed Title Suit No.47 of 1999 in the Court of Assistant Judge, Bawfal, Patuakhali for dec..Category: Property Law | Date: | Hits: 62
Kibria and Associates Ltd. Vs. Bangladesh Agricultural Development Corporation, 1992, 21 CLC (HCD)
....rbitrator dated September 20, 1990 in Arbitration Case No.115 of 1990. 2. The facts giving rise to the present appeal are as follows: The appellant M/s Kibria and Associates Ltd, was appointed for construction of Low Cost Fertilizer Warehouse and Ancillary Buildings at Tepakhola, Faridpur by ......ct, 1839 is repealed by section 2 of the Bangladesh Laws (Revision and Declaration) Act, 1973, without there being replacement by any enactment in this regard we feel that want of such law or want of amendment of the CPC relating to the power of the Arbitrator to award interest has created complicat......r referred to the decision in the case of Wildhandel NV Vs. Tucker and Cross (1976) 'Lloyd's Rep. 341 and quoted the observation made in the said case which is: "In a commercial transaction if the plaintiff has been out of his money for a period, the usual order is that the defendant should pay i..Category: Alternative Dispute Resolution | Date: | Hits: 156
.... show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set......defendants under Order VII, rule 11 of the Code of Civil Procedure is allowed.
The plaint of title Suit No.12 of 2002 is hereby rejected.
Ed.
This Case is also Reported in: 57 DLR (2005) 34.
...... the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12 of 2002 rejecting the prayer of the defendant-petitioners for rejection of the plaint under Order VII rule 11 of the Code of Civil Procedure should not be set aside and or pas suc..
Category: Employment/Service Law | Date: | Hits: 66
AKM Haroon‑or‑Rashid & another Vs. AKM Mostafa Kamaluddin and others, 2001, 30 CLC (HCD)
....itioners is directed against the order dated 20‑9-1990 passed by the learned Assistant Judge, 5th Court, Dhaka in Title Suit No.80 of 1998 rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fee......e of receipt of the judgment. Let a copy of the judgment be communicated to the learned Assistant Judge concerned immediately. Ed. This Case is also Reported in: 57 DLR (2005) 29. ......rejecting the application filed by defendant-petitioners for fixing valuation of the suit property after holding an inquiry under section 8C of the Court-Fees Act. 2. Opposite party Nos. 1 to 4 as plaintiffs have instituted Title Suit No.344 of 1997 in the 4th Court of Assistant Judge, Dhaka whic..Category: Civil Law | Date: | Hits: 68
Wahiduzzaman (Md.) Vs. Government of Bangladesh & others, 2003, 32 CLC (HCD)
....ate invited our attention to the principle of "reasonable restriction" as enunciated in that case. We regret that the learned Advocate failed to distinguish the facts and circumstances of the cases before us and the cited case. In the instant case, before us no restrictions imposed by law have been ......o the Government under second proviso to section 4 of the Muslim Marriages and Divorces (Registration) Act, 1974 they have challenged the vires of that provision. They have also challenged the latest amendment of Rule 10 of the Muslim Marriages and Divorces (Registration) Rules, 1975. 4. Mr. Shah...... are liable to be discharged. In the result, the Rules are discharged without any order as to cost. The stay granted earlier is vacated. Ed. This Case is also Reported in: 57 DLR (2005) 26. ..Category: Civil Law | Date: | Hits: 79
Abdur Rahman Dhali and others Vs. State, 2004, 33 CLC (HCD)
....rt of Divisional Special Judge, Khulna Barisal Station) should not be quashed or such other order or further order or orders passed as to this Court may seem fit and proper. 2. The relevant facts, for the purpose of disposal of this Rule are stated herein below: 3. The accused-petitioners name......rt of Divisional Special Judge, Barisal at once directing to ensure the trial of the accused Mollah Kamruzzaman at the earliest opportunity. Ed. This Case is also Reported in: 57 DLR (2005) 17. ......idence in this forum, created under section 561A of the Code of Criminal Procedure and also great care should be taken before embarking to scrutinise the first information report, charge-sheet and complaint petition. In spite of these limitations we are still at liberty, by invoking inherent jurisdi..Category: Criminal Law | Date: | Hits: 85
Rajab Ali Zulfiqar Vs. State, 1993, 22 CLC (HCD)
.... Sessions Judge, Kurigram in Special Case No.1 of 1986 convicting the appellant under section 409 of the Penal Code and section 5(2) of Act II of 1947 and sentencing him to suffer simple imprisonment for 1 (one) year and also to pay fine of Tk. 3,800.00, in default, to suffer simple imprisonment f......o surrender to his bail bond and serve out the remaining sentence at once. Let the, records of the, case be sent down immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 705. ......and the rest sum of Tk. 3,800.00 remained with him for which he could not give any account. In that circumstance failing to realise the balance amount, the Thana Education Officer, Ulipur lodged a complaint to the District Anti‑Corruption Officer, Rangpur and to the District Education Officer, Kur..Category: Criminal Law | Date: | Hits: 92
Commander (Rtd) A A Chowdhury Vs. AKM Imam Hossain and others, 1996, 25 CLC (HCD)
....rt, Dhaka in title Appeal No.315 of 1993 affirming the judgment and decree dated 21-8-1993 respectively passed by Assistant Judge, 5th Addl. Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are,...... reference by this Court. In the result, the Rule is discharged with costs. The stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 23 ...... Court Dhaka in Title Suit No.90 of 1992 decreeing the suit for eviction of the petitioner from the suit property. 2. The facts giving rise to this Rule are, that the opposite party Nos.1 and 2 as plaintiffs filed Title Suit No.193 of 1991 in the 4th Court of Assistant Judge, against the opposite..Category: Property Law | Date: | Hits: 65
Mokbul Ahmed Vs. Shamsul Rashid and others, 1996, 25 CLC (HCD)
....in order to redeem the mortgage Helimullah proposed to sell the case land at a consideration of Taka 1500.00 and they agreed to purchase the same and in pursuance thereof Taka 500 was paid as advance for redemption of the mortgage and accordingly redeemed the same. Thereafter on receipt of Taka 1000......in Civil Revision No.250 of 1991 for stay has become infructous and the same is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 18. ...... be Waqf property styling himself as the mutwalli thereof and prayed for permanent injunction against the petitioner and on receipt of the summons for the first time learnt from the disclosure in the plaint that the original owner Halimullah by a deed dated 28th Kartik, 1323 RS made a Waqf in respec..Category: Trust/Waqf Law | Date: | Hits: 165
Abu Bakkar Siddique Vs. Justice Shahabuddin Ahmed and others, 1996, 25 CLC (HCD)
.... 2. In this writ petition Mr. Abu Bakkar Siddique, an Advocate of the Supreme Court of Bangladesh and President of Bangladesh Muslim Millat Party, is the petitioner. Mr. Justice Shahabuddin Ahmed, former Chief Justice of Bangladesh, who has been declared elected as President of Bangladesh, is Res...... Constitution (Sixth Amendment) Act, 1981 dated 10-7-81 President and Vice President were added to Article 66(2A) of the Constitution and all other office holders remained same. By another subsequent amendment the office, of Vice‑President was dropped from clause (2A). Mr. Rafiq‑ul Huq has given...... of the Constitution for preferring an appeal before the Appellate Division against our judgment. There will be no order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 1. ..Category: Constitutional Law | Date: | Hits: 200
Government of Bangladesh and others Vs. Mohammad Alamgir Hossain and others, 2011, 40 CLC (AD)
....ate-on-Record-For the Respondents (In both the cases). Civil Review Petition Nos.101-102 of 2010. (From the judgment and order dated 2.11.2009 passed by the Appellate Division in Civil Petition for Leave to Appeal Nos.1441 and 1442 of 2009). Order Surendra Kumar Sinha J. – These petiti...... the respondents are also directed to file concise statements by 3rd April, 2011. The appeals are fixed for hearing on 25th April, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 702. ......nd and that government who has no right, title and interest therein are trying to dispossess them there from. 3. The petitioners contested the suit denying the material allegations made in the plaint and claimed that the suit land was acquired by Gazette Notification dated 4th May, 1961 for t..Category: Property Law | Date: | Hits: 57
Government of Bangladesh and another Vs. Monwarul Alam and others, 2011, 40 CLC (AD)
....-Record-For the Petitioners. Quamrul Haque Siddiqui, Advocate instructed by Md. Nawab Ali, Advocate-on-Record -For Respondent No. 1. Not represented-For Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.1711 of 2010 (From the judgment and order dated the 2nd day of March, 2010......rder dated the 2nd March, 2010 passed by the High Court Division in Civil Revision No.1737 of 1996 is stayed till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 679. ......st the judgment and order dated the 2nd day of March, 2010 passed by a single Bench of the High Court Division in Civil Revision No.1737 of 1996 discharging the Rule. 3. Respondent Nos.1 and 2 as plaintiffs filed Title Suit No.84 of 1991 in the Court of Assistant Judge, Additional Court No.3, Kh..Category: Property Law | Date: | Hits: 54
Md. Shamsul Hoque Vs. Md. Jabbar and another, 2011, 40 CLC (AD)
....vocate-on-Record-For the Petitioner. M.I. Farooqi, Senior Advocate instructed by M.G. Bhuiyan, Advocate-on-Record-For Respondent Nos.1-2. Not represented-Respondent Nos.3-5. Civil Petition for Leave to Appeal No.2671 of 2010. (From the judgment and order dated 05.10.2010 passed by the ......epare the paper book out of court in accordance with Rules. The order of stay granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 673. ......tant Judge, Syedpur in Other Class Suit No.44 of 1995 dismissing the suit. 2. The opposite party Nos.1 and 2 herein Md. Jabbar and Md. Sattar Mia and their mother Sakhina Khatun (now deceased), as plaintiffs instituted the above mentioned Other Class Suit No.44 of 1995 for declaration and parti..Category: Property Law | Date: | Hits: 76
Shaki Md. Shoaib and others Vs. Md. Kashem Ali Bhuiyan and others, 2011, 40 CLC (AD)
....ismissed. Lawyers Involved: SK. Awsafur Rahman, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. None represented-For the Respondents. Civil Petition for Leave to Appeal No.106 of 2010 (From the judgment and order dated the 19th day of July, 2009 ...... Court Division which shows that he has accepted the decree passed by the High Court Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 668. ...... have called in question the judgment and decree dated the 19th day of July, 2009 passed by the High Court Division in First Appeal No.278 of 2003 allowing the same in part. 2. The petitioners as plaintiffs filed Other Suit No.168 of 2000 in the Court of 1st Joint District Judge, Gazipur for spe..Category: Property Law | Date: | Hits: 72
A. Rahman Lasker and other Vs. Abul Kalam and other, 2011, 40 CLC (HCD)
.... Judge, Sadar Court, Faridpur in Title Suit No.30 of 1995 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. Facts of the case for disposal of the rule is that the petitioner as plaintiff filed title suit no. 30 of 1995 in the ......t was ready for further hearing on 08.10.1998, after competition of the evidence of P.W.2, the petitioners herein filed an application under Order 6 Rule 17 of the Code of Civil Procedure praying for amendment of the plaint. 5. The learned Senior Assistant Judge Sadar hearing of the both parties ...... Ranjan Chakborty, Advocate - For the petitioner. No one appears-For the opposite parties. Civil Revision No. 4301 of 1998. Judgment Md. Abdur Rezzaque J. - This Rule at the instance of plaintiff petitioner was issued calling upon the opposite party Nos.1-3 to show cause as to why the ..Category: Administrative Law | Date: | Hits: 199
Bangladesh Legal Aid and Services Trust Vs. Bangladesh and others, 2007, 36 CLC (HCD)
.... Bangladesh and others, 55 DLR 1, M.A. Taher Miah vs. Government of Bangladesh and others, 6 MLR (AD) 68. Lawyers Involved: Ruhul Quddus with M. A. Mannan Khan with Mrs. Amatul Karim, Advocates-for the Petitioners. Mahmudul Islam with M. A. Hannan, Advocates-For the Added Respondent No.5. ...... took decision to hand over the same to the respondent no.5 for construction of multi storied shopping complex and subsequently, started construction of multi storied shopping complex thereon without amendment of the master plan from the respondent no.2 and further the respondent no. 1, before start......we find no merit in this Rule. In the result the Rule is discharged without any order as to costs. Tariq ul Hakim J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 203. ..Category: Property Law | Date: | Hits: 135
Rupali Jute Baling Ltd. Vs. Agrani Bank, 1991, 20 CLC (HCD)
....ar Sohail, Advocates‑ For the Opposite Party. Civil Rule No. 4(f) of 1990. Judgment Anwarul Haque Chowdhury J.- This Rule arises out of an application under section 5 of the Limitation Act for condonation of delay in filing the appeal being FAT No.567 of 1989. 2. Facts leading to this ......result, this rule in discharged without any order as to cost. The appeal being FAT No.567/1989 is dismissed being barred by limitation. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 232.......f the Limitation Act for condonation of delay in filing the appeal being FAT No.567 of 1989. 2. Facts leading to this in short are, that the Agrani Bank, Motijheel Commercial Area Branch, Dhaka as plaintiff filed the Suit No. 381/86 in the court of Subordinate Judge and Commercial Court No.1 Dhak..Category: Procedural Law | Date: | Hits: 111
Agrani Bank Limited Vs. M/S. Kalipada Saha & Brothers and others, 2011, 40 CLC (AD)
.... Advocate instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioner. Harunur Rashid, Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.2106 of 2009. (From the judgment and order dated the 31st day of May, 2009......of fact arrived at by the appellate Court, consequently, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 637.......ment and order dated the 31st day of May, 2009 passed by the High Court Division in Civil Revision No.5201 of 2005). Judgment Md. Abdul Wahhab Miah J.- In this petition for leave to appeal, the plaintiff seeks leave of this Court against the judgment and order dated the 31st day of May, 2009 p..Category: Civil Law | Date: | Hits: 55
Aminul Islam Vs. S. M. Habib alias Dulal and others, 2011, 40 CLC (AD)
....ecord-For the Petitioner. Mahmudul Islam, Senior Advocate instructed by Zainul Abedin, Advocate-on-Record-For Respondent Nos. 3-5. Not represented-Respondent Nos.1, 2, 6-10. Civil Petition for Leave to Appeal No.1858 of 2010. (From the judgment and decree dated 19.01.2010 passed by the......book is dispensed with as prayed for Parties arc directed to maintain status quo as regards the possession till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 631. ......04 of 1991 allowing the appeal and setting aside the judgment and decree dated 30.08.1984 passed by the learned Subordinate Judge, Magura, in Title Suit No.2 of 1984. 2. The present petitioner, as plaintiff, filed the above mentioned Title Suit No.2 of 1984 for specific performance of contract. T..Category: Property Law | Date: | Hits: 51
Dulal Mia Vs. State, 1991, 20 CLC (HCD)
....of 1989 and the other at the instance of accused Siraj Mia being Criminal Appeal No.266 of 1990 are directed against two orders dated 12.11.89 and 2.4.1990 respectively passed by the Special Tribunal for Prevention of Smuggling, Sylhet in Special Tribunal Case No.107 of 1988 rejecting the prayers fo......y and absentia trial, in a case under the Special Powers Act, the learned Advocate for the appellant has referred to a decision reported in 10 BLD (AD) 190 which shows that the provisions of the said amendment of the Cr.P.C. are very much applicable in the trial of a case under the Special Powers Ac......r, Sylhet till disposal of the case. We also direct expeditious trial of the case. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 209...Category: Criminal Law | Date: | Hits: 68
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