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Kudrat‑E‑Elahi Panir and others Vs. Bangladesh, 1991, 20 CLC (HCD)
....ed to be elected by direct votes on the basis of adult franchise. Under Article 11 of the Constitution: "The Republic shall be a democracy in which fundamental human rights and freedom and respect for the dignity and worth of the human person shall be guaranteed and in which effective participat......ncil and Town Committee as Union Panchayat and Shahar Committee respectively and the strict Council was named as Zila Board and the Municipal Committee was named as Paurashava. Thereafter, several amendments were made. By Constitution (Fourth Amendment) Act, 1975, the Articles 59 and 60 of the C......nterpretation of the Constitution, particularly, Articles 7(2), 8(2), 9 and 59 read with the first item of Article 152(1) thereof. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 179. ..Category: Constitutional Law | Date: | Hits: 461
Sadharan Bima Corporation Vs. M V Birba and others, 1991, 20 CLC (HCD)
....Md. Mozammel Hoque J Sadharan Bima Corporation………….….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queens......Code show the clauses as (b) and (c) and this clause (d) for the first time came in the Code of Civil Procedure in 1979 in Bangladesh Code, Volume‑VI. From 1966 to 1979 or in any subsequent year no amendment of Civil Procedure Code was made inserting clause (d) in place of clause (b) of Order XLIX...... J Sadharan Bima Corporation………….….Plaintiff Vs. M V Birba and others …………....Defendants Judgment December 12, 1991. Result: This application for return of the plaint is allowed. Cases Referred to- East and West Steamship Co. Vs. Queensland Insurance. Co..Category: Admiralty Law or Maritime Law | Date: | Hits: 315
Yunus Kha and others Vs. Abdul Momin and others, 2011, 40 CLC (AD)
....………………………….............Petitioners Vs. Abdul Momin and others………………………….........Respondents Judgment May 29, 2011. Result: The civil petition for leave to appeal is dismissed summarily. Lawyers Involved: Bivash Chandra Biswas, Advocate-......to note that on 18.08.1997 by order No.24 the plaintiffs got the plaint amended to overcome the issue of defect of parties in the Court of the District Judge. The appellate Court found that after the amendment, the defendants did not raise any objection about any left out heirs and as such the suit ......r Potimannessa. Potimannessa became traceless since she fled away, and as such the whole property of Khayton Nessa Bibi measuring about 6.29 4/5 acres devolved upon her son Abdul Latif, the father of plaintiff No.1. Abdul Latif married Bagir Ma, the daughter of Joynab Bibi. Bagir Ma died leaving beh..Category: Property Law | Date: | Hits: 73
Md. Bande Ali Miah Vs. Chief Engineer, Housing and Settlement, 2011, 40 CLC (AD)
....ssed. Lawyers Involved: M. G. Bhuiya, Advocate-on-Record-For the Petitioners. Md. Nowab Ali, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos.2-13. Civil Petition for Leave to Appeal No.1928 of 2010. (From the judgment and order dated 12.07.2010 passed by the ......leave to appeal, therefore, does not merit any consideration. In the circumstances this civil petition for leave to appeal be dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 604.......ent and order dated 12.07.2010 passed by a Single Bench of the High Court Division in Civil Revision No.1606 of 2001 making the Rule absolute. 2. The predecessor-in-interest of the petitioners, as plaintiff, filed Title Suit No.61 of 1999 against the respondents for perpetual injunction. 3. ..Category: Property Law | Date: | Hits: 65
Md. Moktad Hossen Majumdar Vs. Md. Golam Mostafa Majumdar, 2011, 40 CLC (AD)
....ed: Subrata Chowdhury, Advocate instructed by Md. Amir Hossain Chowdhury, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 643 of 2009. (From the judgment and decree dated 30.11.2008 passed by the....... This civil petition for leave to appeal has got no merit. In the circumstances this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 596. ...... leave to appeal has been directed against the judgment and decree dated 30.11.2008 passed by the High Court Division in Civil Revision No.1047 of 2007 discharging the Rule. 2. The respondent as plaintiff filed Title Suit No. 84 of 2000 in the Court of the Senior Assistant Judge, Chouddagram, C..Category: Property Law | Date: | Hits: 74
Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory and others, 1998, 17 CLC (HCD)
....esh) Co. operative Bank Ltd. 27 DLR (Dhaka) 523; DP Goenka Vs. Governor-General of Pakistan and another, 7 DLR 134; Pubali Bank Ltd. Vs. Santania Iron and Steel Industries and another, Civil Petition for Leave to Appeal No.644 of 1994 (unreported). Lawyers Involved: Abdur Razzak with Mamun Ali......der as to costs. The judgment and decree passed by the trial Court is hereby affirmed. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 323. ...... Khan Saifur Rahman with Mostafa Kamal Pasha, Advocates — For Respondent No.5. Appeal from the Original Decree No.43 of 1986. Judgment Md. Abdul Aziz J.- This appeal at the instance of the plaintiff has been filed against the decree passed by the learned Subordinate Judge, First Commercia..Category: Business or Commercial Law | Date: | Hits: 196
....espondent No.2 and the order 16-6-98 (Annexure C) of the respondent No.3 should not be declared to have been made without lawful authority and is of no legal effect.
2. Both the Rules are taken up for analogous hearing and are disposed of by this common judgment.
3. The petitioner of the Writ ...... can be appointed Nikah Registrar for more than 3 wards in the City Corporation and such appointment may be permanent or temporary. It is further stated that the petitioner by suppressing the fact of amendment of the law in his writ petition obtained Rule and stay order and, as such, the Rule is not......rd appreciation for the arguments advanced by Mr. Razzaque.
For the aforesaid discussion, the Rule is discharged but with no costs.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 313...
Category: Civil Law | Date: | Hits: 83
Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)
....r Assistant Judge, Thakurgaon in other class Suit No.24 of 1985 striking out the written statement filed by the defendant petitioners. 2. Opposite party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senior Assistant Judge, Thakurgaon being other class Su......ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......ed 1-7-87 passed by the Senior Assistant Judge, Thakurgaon in other class Suit No.24 of 1985 striking out the written statement filed by the defendant petitioners. 2. Opposite party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senior Assistant Judge, Th..Category: Property Law | Date: | Hits: 108
Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)
.... by learned Assistant Judge, Upazila Motlab, District Chandpur, decreeing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted Title Sui......aintain status quo in respect of the possession of the suit property is hereby vacated. Send down the lower court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 307. ......eing Title Suit No.25 of 1987 against the contesting defendants Ito 4 and ex-parte against the rest. 2. The short fact relevant for the purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted Title Suit No.25 of 1987 in the court of the Assistant Judge, Motlab impleadin..Category: Property Law | Date: | Hits: 65
....dinate Judge, Dhaka in Title Suit No.34 of 1970 dismissing the suit.
2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 of 1970 for declaration of title in the suit properly and for a further declaration that the suit property c......t be treated as abandoned property or vested property (enemy property) by the defendants.
Send down the lower Court records at once.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 300.......e Appeal No.165 of 1977 affirming the judgment and decree dated 18-8-77 passed by the Second Court of Subordinate Judge, Dhaka in Title Suit No.34 of 1970 dismissing the suit.
2. The petitioner as plaintiff instituted a suit in the Second Court of Subordinate Judge, Dhaka being Title Suit No.34 o..
Category: Property Law | Date: | Hits: 102
Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)
....the judgment and order dated 3-2-98 passed in Family Suit No.27 of 1996 by the learned Senior Assistant Judge and Family Court, Chouddagram, Comilla rejecting the defendant-petitioner’s application for rejection of the plaint under section 6(8) of the Family Court Ordinance 1985. 2. The Opposit......ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295.......r dated 3-2-98 passed in Family Suit No.27 of 1996 by the learned Senior Assistant Judge and Family Court, Chouddagram, Comilla rejecting the defendant-petitioner’s application for rejection of the plaint under section 6(8) of the Family Court Ordinance 1985. 2. The Opposite Party No.1 Shajahan..Category: Family Law | Date: | Hits: 166
Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)
....waruddin J.- This application under section 115 of the Code of Civil Procedure directed against a judgment of affirmance arising out of a suit being Family Courts Suit No.17 of 1993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family C......d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......993 filed by the wife for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully weeded couple and directed the defendant to pay a sum o..Category: Family Law | Date: | Hits: 166
Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)
.... Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the Court of t......pposite parties. Such important measures affecting the merit of the suit cannot be allowed keeping the contesting defendant in the dark. The learned Assistant Judge evidently erred in law in allowing amendment of the plaint and the holding of the local investigation beyond the knowledge of the defen......ed Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal of the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Senior Assistant Judge Narshingdi being Title Suit ..Category: Procedural Law | Date: | Hits: 58
Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)
....this Court may seem fit and proper. 2. The facts giving rise to this Rule are that the plaintiff petitioners instituted a suit being Title Suit No.53 of 1990 against the defendant opposite parties for a declaration of their title to the suit land described in the schedule to the plaint and for a ......lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......ttorney General ‑ For the Opposite Parties. Civil Revision No.3296 of 1992. Judgment Md. Sirajul Islam J.- This Rule under section 115 of the Code of Civil Procedure at the instance of the plaintiff respondent petitioner was issued upon the defendant appellant opposite parties 1‑4 to sh..Category: Property Law | Date: | Hits: 68
Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)
....t Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of the same on 3.9.55 ......iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669....... 1959. Judgment Kazi Ebadul Hoque J.- This appeal by the defendants is against judgment and decree dated 27.3.1959 passed by the Subordinate Judge, Kushtia in Title Suit No.18 of 1957 decreeing plaintiff's Suit for declaration that seizure of the disputed goods on 5.1.55 and confiscation of th..Category: Fiscal/Taxation Law | Date: | Hits: 125
Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)
....sed in Title Appeal No.18 of 1995, arising out of the judgment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in the Court o......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504.......gment and decree passed in Title Suit No.28 of 1991 by the Assistant Judge, Pirganj dismissing the suit on contest. 2. Short facts relevant for the purpose of the case are that, the petitioners as plaintiffs instituted a suit in the Court of the Assistant Judge, Pirganj in the District of Thakurg..Category: Procedural Law | Date: | Hits: 91
Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)
....bordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd C......rmed. The order of stay granted earlier by this Court stands vacated. Communicate the order to the learned Court below at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 486. ...... of 1992. Judgment Gour Gopal Saha J.- This Rule arises out of an order dated 14-9-92 passed by the Subordinate Judge and Artha Rin Adalat No.4, Dhaka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts r..Category: Procedural Law | Date: | Hits: 67
Shaikh Jahangir Hossain Vs. Government of Bangladesh and others, 2001, 30 CLC (HCD)
....ossain…………………………………..………..Appellant Vs. Government of Bangladesh and others................Respondents Judgment November 12, 2001. Result: The suit for specific performance of contract is dismissed. Case Referred to- Associated Provincial Pic......udgment be forwarded, to the learned Judge wherever he is posted now, for his future guidance. Send down the lower Court records at once. Ed. This Case is also Reported in: 55 DLR (2003) 405. ......him with a further prayer for specific performance of contract contending, inter alia, that in response to a public notice for sale of the unused lands of the Railway Department through tender, the plaintiff submitted two tenders to the concerned authorities for two plots of lands along with the d..Category: Civil Law | Date: | Hits: 82
Bimal Chandra Adhikari Vs. State, 1999, 18 CLC (HCD)
.... Result: The Rule is discharged. Cases Referred to- Crown Vs. Nur Alam, PLD 1955 (Lahore) 667; Abdul Noor alias Nur Meah Vs. State, 9 DLR 633. Lawyers Involved: Ahsanullah Chowdhury for Abul Hossain Azadi, Advocate — For the Petitioner. Not Represented — the Respondent. C......sing him. In view of the discussion made above the Rule is discharged. Send down the LC records to the court concerned at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 282. ......report was not duly authorised by the order of a magistrate, his report could still be held to fall within the purview of section 190(1)(b) of the Code or, in the alternative, can be accepted as a complaint within sub-section (1) (a) of the section.” 10. Similar view has been expressed in the c..Category: Criminal Law | Date: | Hits: 75
....yed Mohammad Hossain, Advocate—For the Respondent No.6 (In Writ Petition No. 2341 of 1998).
Shahabuddin Ahmad, Deputy Attorney-General—For B (In Writ Petition No. 2341 of 1998).
Md. Hossain for Abdur Razzaque, Advocate— For the Petitioner (In Writ Petition No. 2927 of 1998).
Md. Azizu......under the provision of Muslim Family Laws Ordinance, 1961 or Muslim Marriages and Divorces (Registration) Act, 1974 and, as such, vested right created from before cannot be taken away on the basis of amendment of section 4 of the said Act by insertion of 2nd Proviso to that section and the same has ......respective Rule is to pay cost @ Taka 1,000.00 (one thousand) only to each of the contesting respondent Nikah Registrars or Registrars.
Ed.
This Case is also Reported in: 51 DLR (HCD) (1999) 261...
Category: Civil Law | Date: | Hits: 89
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