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Rashid Ahmed Vs. Abdul Nabi Sawdagar and others, 1990, 19 CLC (HCD)
....ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......HCD) (1993) 29. ......ate Court does not suffer from any error of law in dismissing the suit. In the result, I discharge this Rule. No order as to Costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 29. ......vernment as enemy property. 2. The petitioner obtained lease for the year 1373 BS to 1380 BS from year to year and upon such lease while they were in possession the defendants try to disposses the plaintiffs. Accordingly the plaintiffs instituted Other Suit No.150 of 1973 in the Court of Munsif..Category: Property Law | Date: | Hits: 75
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... DLR (HCD) (1993) 28. ...... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ...... for the purpose of disposal of this Rule are, that Amir Hossain, predecessor‑in-interest of opposite party Nos. 1 to 3, filed the said suit for partition and on the basis of compromise between the plaintiff and the defendants, the suit was finally decreed on 25.11.64 and the parties got the land ..Category: Property Law | Date: | Hits: 76
....herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......Court Division
(Civil Appellate Jurisdiction)
Present:
Kazi Ebadul Hoque J
Nasir Miah, Malik Nasir Soap Factory..............Petitioner
Vs.
Md. Anwar Hossain Executive Officer, Commander Soap Factory Ltd........Opposite party
Judgment
June 6, 1994.
Cases Referred To-
I......herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
......haka in Title Suit No. 39 of 1993 allowing prayer for temporary injunction restraining the defendant form using similar design and get up and marketing his products with the same.
2. Respondent as plaintiff filed the aforesaid suit for perpetual injunction against the appellant praying for restra..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......ceipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ......d to dispose of the same in accordance with law within a reasonable time preferably 3 (three) months from the date of receipt of this order. Ed. This Case is also Referred to: 48 DLR (1996) 23. ...... of 1987 of the Court of Subordinate Judge, and 1st Commercial Court, Chittagong obtained the present Rule against the order No.54 dated 5.11.1990 passed by the learned Subordinate Judge allowing the plaintiff-opposite-parties’ prayer for amendment of the plaint. 2. plaintiff-opposite-parties N..Category: Civil Law | Date: | Hits: 92
Munshi Amiruddin Ahmed Vs. Begum Shamsun Nahar, 1994, 23 CLC (HCD)
....dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......iff Petitioner Vs. Begum Shamsun Nahar…………………………………..Defendant Opposite party Judgment July 21, 1994. Cases Referred To- Shamsuddin Ahmed Vs. Mohd. Hassan and others 31 DLR (AD) 155; Mosammat Rahima Khatun Vs. Abdur Rashid Bhuiyan and another 1984 BCR 520......dge in refusing for ejectment in favour of the plaintiff petitioner. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Referred to: 48 DLR (1996) 21. ......armaker, Advocate-For the petitioner. Miah Abdul Gafur, Advocate-For the opposite party. Civil Revision No. 9802 of 1991. Judgment Kazi Ebadul Hoque J. - This rule at the instance of the plaintiff-petitioner is against judgment and decree dated 19.11.91 passed by the Assistant Judge, 3r..Category: Tenancy Law | Date: | Hits: 167
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......
FKMA Munim CJ
Ruhul Islam J
Badrul Haider Chowdhury J
Shahabuddin Ahmed J
Debishahar Agricultural & Fish Farming Co-operative Society Ltd………....Appellant
Vs.
Narayan Chandra Swarnakar & others…………..Respondents
Judgment
March 11, 1982.
Lawyers invo......nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
...... suit could be stayed. That was highly irregular but it seems nobody took the trouble of rectifying the wrong, not even the Government. Then came the Martial Law on 24th March, l982. It appears the plaintiff himself filed an application in the High Court Division for an order of ‘status quo’ i..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique Textiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ...... (Civil) Present FKMA Munim CJ Ruhul Islam J Badrul Haider Chowdhury J Shahabuddin Ahmed J Chowdhury ATM Masud J Bangladesh.........Appellant Vs. M/s. Mashrique Textiles and others...........Respondents Judgment May 18, 1982. Cases Referred To- Dhanrajamal ......at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......No.104 of 1974 in the court of 3rd Subordinate Judge, Dacca for filing the arbitration agreement under section 20 of the Arbitration Act. There was a contract, No. S/7/509/70-71 dated 9.2.71, between plaintiff-respondent No.1 and defendant No.2, namely, Director of Supply, Government of Pakistan, he..Category: Alternative Dispute Resolution | Date: | Hits: 147
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......h & another.............Appellants Vs. Md. Salimullah............Respondent (In Civil Appeal No. 90 of 1981) And Bangladesh………….Petitioner Vs. Hamidul Huq Chowdhury and others..............Respondents (In Civil Petition Nos. 30 & 31 of 1982) And Syed Ali.......n filed, the certificate will be infructuous but in both cases the Writ Petition and the judgment of the High Court Division will not abate. Ed. This Case is also Reported in: 35 DLR (1983) 1. ......2) 9 Q.B. 672 the power of a Court of appeal in a pending proceeding was considered. A landlord brought an action to recover demised property under a proviso of re-entry for breach of a covenant. The plaintiff obtained judgment on 4th July. On the 4th of August, the defendant appealed. Stay of proce..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......ellate Division (Civil) Present: Kemaluddin Hossain CJ Fazle Munim J Ruhul Islam J Badrul Haider Chowdhury J Md. Wasiq Khan..……....Appellant Vs. Md. Sabiq Khan and others....…….Respondents Judgment July 5, 1978. Cases Referred to- 19 DLR (D...... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......nnas share and owner of schedule ‘DI’ to the extent of 8 annas share and they further admitted that the late Khan Bahadur Sadeq Khan died leaving behind 4 sons and 2 daughters as stated by the plaintiff-respondents No. 1-3. It was contended in the written statement that the appellant subsequ..Category: Procedural Law | Date: | Hits: 80
Monjur Morshed Chowdhury & Others. Vs. Haji Abul Kashem Sawdgar & Others, 2010, 39 CLC (AD)
....l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......sion (Civil) Present: Md. Abdul Matin J SAN Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Monjur Morshed Chowdhury (Md.) @ Monjur Morshed and others.........Appellants Vs. Haji Abul Kashem Sawdagar and another.............................l is dismissed without any order as to costs. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 83, 31 BLD (AD) (2011) 97, 8 LG (2011) AD 109, VIII ADC (2011) 319, 16 MLR (AD) (2011) 225. ......ouse. The defendants contested the suit, contending, inter alia, that they never defaulted in payment of rents, the notice under section 106 of the Transfer of Property Act is defective, that the plaintiff never collected rents in time, rather used to accept as and when necessary, that the plea ..Category: Tenancy Law | Date: | Hits: 210
Salema Khatun Bibi & others Vs. Hemangini Ghosh Dastidar and others, 1977, 6 CLC (AD)
....pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......pellate court, and restore that of the trial Court. None of the contentions of Mr. Karim is sustainable. This petition is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 99. ......arties regarding the suit land which comprises an area of 1.17 acres, situated within the Barisal Municipality with a two-storied building, tinshed, Golpata hut, tank and other appurtenances. The plaintiff, Hemangini Dastidar, claimed to have purchased the properties Defendant 3 was a tenant in ..Category: Property Law | Date: | Hits: 63
Janata Insurance Co. Vs. Islam Steel Mills, 2000, 29 CLC (HCD)
....in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... July 12, 2000. Cases Referred To- United India Insurance Co. Vs. MJK Corporation, [1996] 6 SCC 428; Trang Ice Cold Storage Vs. Amin Fish Farm, 46 DLR 39; Boston Fruit Corporation Vs. British and Foreign Marine Insurance, 1906 AC 336; P Samuel Company Vs. DUMAS, 1924 AC 431; Portavan Cinema ......in MS No.44 of 1994, MS No.45 of 1994 and MS No.46 of 1994 are hereby confirmed. Let the records be sent down without any further delay. Ed. This Case is also Reported in: 52 DLR (2000) 642. ...... 3. On 13-06-94 the suit was instituted stocks of MS Alloy Steel, Special Steel and Nodular Cast Iron, MS ingots, Machinery, Parts and Fittings, Roller, Rails and Plates, etc. the properties of the plaintiff stored within the premises of the Mills of the plaintiff was insured with the said defenda..Category: Business or Commercial Law | Date: | Hits: 211
Panna Khan and Others Vs. Birendranath Halder, 2000, 29 CLC (HCD)
.... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ......y order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... aside the decree of the appellate Court. The suit is dismissed. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 52 DLR (2000) 640. ...... the Subordinate Judge, Madanpur in Title Appeal No.46 of 1988 by which the decree of the trial Court in a suit for Specific Performance of the contract was reversed. 2. The opposite party No.1 as plaintiff brought Title Suit No.571 of 1983 in the Court of Assistant Judge, Rajoir for Specific Per..Category: Property Law | Date: | Hits: 55
Bangladesh Inland Water Transport Corporation Vs. M/S Broadway Shipping Limited, 2010, 39 CLC (HCD)
....actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......f the suit and the amount of interest. Ed. This Case is also Reported in: ......actual realization of decreetal amount along with the cost of the suit. The office is directed to assess the cost of the suit and the amount of interest. Ed. This Case is also Reported in: ......of 1990. Judgment AFM Abdur Rahman J. - This Suit has been heard upon taking evidenced of the Parties and now disposed of by this judgment. 2. This Admiralty Suit has been instituted by the plaintiff, Bangladesh Inland Water Transport Authority (in short BIWTC) on 7.1.1990 praying for a de..Category: Admiralty Law or Maritime Law | Date: | Hits: 198
Fazlur Rahman & Co. Vs. M.V. CHOSUN HOPE and others, 2010, 39 CLC (HCD)
....days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: .............…Plaintiff Vs. 1. M.V.CHOSUN HOPE, now at Chittagong Port.………......Defendant 2. Master of M.V.CHOSUN HOPE, now stationed at Chittagong Port………......Defendant 3. Owner and persons interested in MV CHOSUN HOPE, now at Chittagong Port.………......Defendant 4. Ocea......days from the date of decree drawn. The office is directed to calculate the interest and the cost and inform the same to the defendant within the date fixed. Ed. This Case is also Reported in: ......ensation for short landing of goods valued at Tk. 1,21,61,175.00 has been heard in presence of both the parties and now disposed of by this judgment. 2. It has been asserted in the plaint that the plaintiff Company imports Soda Ash Light and other chemical product for the purpose of business and ..Category: Admiralty Law or Maritime Law | Date: | Hits: 178
Pacific Marine Service NOBPAC Ship Management Ltd. Vs. M.V.C UTOPIA , 2010, 39 CLC (HCD)
....el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......) Present: AFM Abdur Rahman J Pacific Marine Service NOBPAC Ship Management Ltd. JV Chittagong…………….Plaintiff Vs. M.V.C UTOPIA (IMO No. 8500496) now lying at Chittagong Port and others....Defendants Judgment January 28, 2010. Lawyers Involved Dr. M. Zahir, Sen......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:......el MV C UTOPIA from arrest. The office is directed to comply this order as to keep a record of this order in the registry in order to guide them in future. Ed. This Case is also Reported in:..Category: Admiralty Law or Maritime Law | Date: | Hits: 191
Amir Hossain Vs. M.V. TITU-5 and others, 2010, 39 CLC (HCD)
....a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......me Court High Court Division (Admiralty Jurisdiction) Present: AFM Abdur Rahman J Amir Hossain……………………… …………………………Plaintiff Vs. M.V. TITU-5 and others …………………………...... Defendants Judgment January 17, 2010. Case ......a and be adjudicated along with the instant Admiralty suit. Let the parties be informed accordingly. The office is directed to communicate the order. Ed. This Case is also Reported in: ......ved: S. K. Siddique, Advocate-For the Plaintiff. Ms. Karishma Jahan, Advocate- For the Defendants. Admiralty Suit No.15 of 2007. Judgment AFM Abdur Rahman J. - By this application the plaintiff Amir Hossain represented by the learned Advocate Mr. S.K. Siddique prays for withdrawal of..Category: Admiralty Law or Maritime Law | Date: | Hits: 196
United Commercial Bank Ltd. Vs. Rahimafrooz Batteries Ltd. and others, 2000, 29 CLC (HCD)
....suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......ion (Civil Appellate Jurisdiction) Present: Md. Mozammel Hoque J Md. Abdur Rashid J United Commercial Bank Ltd……………Defendant-Appellant Vs. Rahimafrooz Batteries Ltd. and others……………….Plaintiff-Respondents Judgment February 23, 2000. Case Referre......suit on 24-3-97 did not commit any error of law calling for our interference in any way and, as such, both the appeals therefore must fail. Ed. This Case is also Reported in: 52 DLR (2000) 625. ......1996. Since these two appeals have arisen out of the same judgment of the trial Court they were heard together and disposed of by one judgment. Defendants are the appellants before this Court and the plaintiff is the respondent in these two appeals. 2. Facts relevant for the purpose of disposal o..Category: Tenancy Law | Date: | Hits: 135
Md. Abdur Rashid Sarder Vs. Md. Chandullah Sardar and others, 2010, 39 CLC (HCD)
...., therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: AFM Abdur Rahman J Md. Abdur Rashid Sarder………………Defendant-Appellant Petitioner Vs. Md. Chandullah Sardar and others ………..Plaintiff-Respondent-Opposite Parties Judgment July 12,......, therefore, this rule is also liable to be discharged. Accordingly, the Rule is discharged for default. Send down the Lower Court Records immediately. Ed. This Case is also Reported in: ......f their learned Advocate Mr. Nur Mohammad Miah who informed this court that due to order of stay of the impugned judgment the opposite party is unable to take step to develop his own property and the plaintiff has taken tactics to harass the defendant in this manner of keeping the rule undisposed of..Category: Procedural Law | Date: | Hits: 77
Md. Rafiqul Islam Liton Vs. Noor Mohammad and others, 2010, 39 CLC (HCD)
....e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ...... Pashi Bazar, Police Station-Rupgonj, District-Narayangonj................Opposite Party Judgment March 9, 2010. Result: The Rue is made absolute. Lawyers Involved: Taimur Alam Khandaker, Advocate with Nur Mohammad Miah, Advocate-For the Petitioner. AKM Zahirul Hoque, Advoca......e Appellate court is hereby set aside and that the judgment and decree passed by the trial court is resorted. However, there shall be no order as to cost. Ed. This Case is also Reported in: ......sing the suit after reversing the judgment and decree dated 29.7.2001, passed by the learned Senior Assistant Judge, 4th Court, Narayangonj in Title Suit No.206 of 2000 decreeing the suit. 2. The plaintiff Md. Rafiqul Islam Liton instituted the Title Suit No.159 1999 in the Court of Rupgonj Seni..Category: Property Law | Date: | Hits: 74
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