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Bangladesh and others Vs. Abdul Aziz, 2011, 40 CLC (HCD)
....rt facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahmanbaria praying for declaration of his title over the suit property mentioned in the schedule of the plaint. 3. T......revisional power. In the result the revision fails and the Rule is discharged without any order as to cost. Send down the LCR at once. Ed. This Case is also Reported in: 16 BLC (2011) 897.......istant Judge, Nasirnagar, Brahmanbaria on 30-4-2006 in Title Suit No. 110 of 2005 decreeing the suit. 2. The short facts which have given rise to the Rule are as follows: the opposite party as plaintiff filed Title Suit No.110 of 2005 in the Court of Senior Assistant Judge, Nasirnagar, Brahma..Category: Procedural Law | Date: | Hits: 72
Arefa Bewa and others Vs. Alekjan Bewa & others, 2009, 38 CLC (HCD)
....969 predecessor of the opposite party Nos. 1-10 as plaintiff instituted, Other Suit No. 248 in the Court of the then Munsif, Second Court, Bogra against the predecessor of the petitioners and the pro forma opposite parties for partition. 3. The predecessor of the petitioners and two other persons......discharged without any order as to cost. The decrees of the Courts below are hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 16 BLC (2011) 888. ...... Court, Bogra in Partition Suit No. 248 of 1969 decreeing the suit. 2. This revisional application arises out of the following facts: On 30-5-1969 predecessor of the opposite party Nos. 1-10 as plaintiff instituted, Other Suit No. 248 in the Court of the then Munsif, Second Court, Bogra agains..Category: Property Law | Date: | Hits: 72
....p;I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ted earlier by this court stands vacated.
Communicate the judgment to respondent No.2 at once.
Md. Emdadul Huq J. - I agree.
This Case is also Reported in: 64 DLR (HCD) (2012) 116.
......ng that the petitioner No.1, Md. Enayetur Rahman (defendant No.1) as a businessman opened a SOD(FO) Account on 29.01.2004 with the Mercantile Bank Limited, Kowranbazar Branch, Dhaka (shortly the plaintiff-Bank). The petitioner obtained an SOD limit of Tk.65, 00,000/- (sixty five lacs) in terms ..
Category: Civil Law | Date: | Hits: 147
Ansar Ali Vs. Yeasin Mea and others, 1993, 22 CLC (HCD)
....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 ......tory hearing. The learned Trial Court allowed the prayers subject to payment of Tk. 1000.00 as CP Cost and fixed 7.7.91 for orders. Before this date on 5.6.91 the plaintiff filed another petition for amendment of the plaint by adding as defendants the names of the persons left out. 4. The plainti......asan, Advocates - For the Opposite Parties. Civil Revision No. 1346 of 1992. Judgment Mahfuzur Rahman J.- This rule under section 115(1) of the Code of Civil Procedure at the instance of the plaintiff arises out of the judgment and order passed by District Judge, Nowabganj on 2.3.92 in Misc..Category: Procedural Law | Date: | Hits: 68
Abdur Rahim Vs. Momotaz Begum and others, 2011, 40 CLC (HCD)
....ow cause as to why the impugned order dated 17.01.2010 passed by the learned Joint District Judge, 1st Court, Lakshmipur, in Title Suit No. 5 of 2007, should not be set aside. 2. The relevant fact for disposal of the rule, in short, is that one Siddik Ullah instituted Title Suit No. 5 of 2007 in ......rected to proceed with the case in accordance with law. Communicate the order at once. Jahangir Hossain J.- I agree. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 96. ......t the Heba deed dated 13.5.2007 shown to have been executed by him in favour of the defendants, is fraudulent, inoperative, without consideration and for setting aside the said deed alleging that the plaintiff was the owner of the land as described in the schedule of the plaint. He was an old man of..Category: Limitation Law | Date: | Hits: 219
Md. Nazimuddin Vs. Government of Bangladesh and others, 2011, 40 CLC (AD)
....C 1006. Lawyers Involved: Syed Amirul Islam, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record- For the Petitioner. Not represented-the Respondents. Civil Petition for Leave to Appeal No. 2001 of 2009. (From the judgment and order dated 26.07.2009 passed by the......s is not permissible. 16. If the 3rd proviso is considered in isolation then the 2nd proviso becomes redundant. It was never the intention of the legislature to incorporate a redundant proviso by amendment when the 3rd proviso was in existence. According to the 3rd proviso if an appeal or applic......t the case before the Administrative Tribunal was barred by limitation. Accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 17 BLC (AD)(2012) 10. ..Category: Administrative Law | Date: | Hits: 196
.....
Subrata Chowdhury, Advocate ‑ For the Respondent.
Writ Petition No.5 of 1991.
Judgment
Mainur Reza Chowdhury J.- This is a petition by Khapan Bittahin Co‑operative Society Limited for review of the judgment and order dated 7.5.91 passed by this Court making the Rule absolute Writ......Petition No.2551 of 1990 is set aside and consequently the Rule in the said Writ Petition is discharged. There is no order as to costs.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 502.......rved with a notice of summons of Title Suit No.12 of 1990 of the Court of Assistant Judge, Balaganj, Sylhet filed by Nijkurua Matsyajibi Samabaya Samity Ltd Respondent No.1 of this review petition as plaintiff against the Government and review petitioner challenging the grant of lease in favour of t..
Category: Civil Law | Date: | Hits: 87
Nurul Islam Vs. Morshedul Alam and Others, 2011, 40 CLC (AD)
....The said suit land was, of course, acquired by Md. Putan in benami of his son Ali Hossain on 01.02.1901 but he was the real ostensible owner of the suit land as it was acquired with his own money and for his own benefit. After sometime, landlord Fazal Kabir Khan forcibly dispossessed Md. Putan from ......ce with the impugned judgment and decree. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 64 DLR (AD)(2012) 3, 32 BLD (AD) (2012) 25. ......ment and decree dated 24th July, 1977 passed by the Second Court of Subordinate Judge (now Joint District Judge), Chittagong in Partition Suit No.03 of 1969 decreeing the suit. 2. The case of the plaintiffs, in short, is that the suit land measuring 17 drones, 5 kanis, 1 gonda and 1 kara as desc..Category: Property Law | Date: | Hits: 116
Principal, Fulbaria College, Mymensingh Vs. Md. Helaluddin and Others, 2010, 39 CLC (AD)
.... respondent No.1, (writ petitioner) a teacher of Fulbaria College, Mymensingh instituted Writ Petition No.3746 of 2003 in the High Court Division seeking a declaration to the effect that the decision for demotion of the writ petitioner by the writ respondents to the post of lecturer from the post of......r from the acting Principal of the college for giving him higher scale in the rank of Assistant Professor. When the said fact was detected the Governing Body of the college wrote to the authority for amendment of his scale and accordingly his scale was re-fixed. The writ petitioner was junior to 15 ......dy, Fulbaria College, complaining that the writ petitioner secured the recommendation from the Principal-in-Charge of the College by practicing fraud who were senior to him. On receipt of the said complaint, the president of the Governing Body directed the Principal of the college to submit an enqui..Category: Employment/Service Law | Date: | Hits: 204
Professor Golam Azam Vs. Government of Bangladesh and others, 1992, 21 CLC (HCD)
.... University Students Union wherein he played a very vital role in the Bengali Language Movement and as the General Secretary of the Dhaka University Students Union; the petitioner read a memorandum before the then Prime Minister of Pakistan on the 27th of November, 1948 at the Gymnasium ground of th......itioner was a dealer in non‑edible oils. The UP Sales Tax Act came into the force with effect from 1.4.48. The petitioner submitted its return for the period from 6.1.1946 to 3.5.1947. There was an amendment of the UP Sales Tax Act by Act No. XXV of 1948 inserting Section 3A by which a higher rate......t the petitioner in a competent Court of law. Till now nobody has come forward to set the criminal law in motion against the Petitioner by lodging an FIR with the police or by filing a petition of complaint before any Magistrate. 75. Taking into consideration the facts and circumstances of the pr..Category: Immigration and Citizenship Law | Date: | Hits: 343
Bangladesh Vs. Bangladesh Italian Marble Works Ltd. and others, 2011, 40 CLC (AD)
.... Civil Review Petition Nos. 17-18 of 2011. (From the Judgment and order dated 1ST February, 2010 passed by the Appellate Division in Civil Petition No. 1044 (heard analogously with Civil Petition for leave to appeal No. 1045 of 2009) Order Md. Muzammel Hussain J. - For the reasons to be as......n (Seventh Amendment) Order, 1976 (Second Proclamation Order No. IV of 1976) and the Second Proclamation (Tenth Amendment) Order, 1977 (Second Proclamation Order No.1 of 1977) so far as it relates to amendment of English text of Article 44 of the Constitution; 4. the Second Proclamation (Fifteent...... 6 to handover possession of Moon Cinema Hall within 3(three) months free from all encumbrances and/or to resolve the dispute amicably within the said period. Ed. This Case is also Reported in: ..Category: Constitutional Law | Date: | Hits: 222
Maulana Motiur Rahman Nizami Vs. State, 2010, 39 CLC (HCD)
....eral—For the Opposite Party. Criminal Miscellaneous Case No. 34345 of 2010. Judgment Moyeenul Islam Chowdhury J. - This is a petitioner under section 561A of the Code of Criminal Procedure for quashing the proceedings of ICT-BD Miscellaneous Case No.1 of 2010 pending before the Internat......re led to hold that the instant petition under section 561A of the Code of Criminal Procedure is incompetent and as such it is rejected in limine. This Case is also Reported in: 16 BLC (2011) 808. ......ce; (c) Where there is a legal bar against institution or continuance of a criminal case against an accused person; (d) In a case where the allegations in the First Information Report or the Complaint, even if they are taken at their face value and accepted in their entirety, do not constitute..Category: Criminal Law | Date: | Hits: 103
Hassan MS Azim and three others Vs. Bangladesh, 2010, 39 CLC (HCD)
....rned Advocates of the Supreme Court of Bangladesh and filed the instant application as a Public Interest Litigation (PIL) with the view to uphold the "Supremacy of the Constitution "and "Rule of Law" for ensuring independence of the judiciary from other organs of the State. They are concerned abou......ges, other than the Chief Justice, by a collegiums of judges. In Pakistan judges, other than the Chief Justice, are chosen by the Judicial Commission of Pakistan, which was set up by incorporating an amendment in their Constitution. Article 175 and 176A provide as follows: Amended Article 175A an......e abundant, as can be seen from the judgment of the High Court Division in Md. Idrisur Rahman Vs. Secretary, Ministry of Law, Justice and Parliamentary Affairs, 29 BLD 32=61 DLR 523. This niggling complaint pervades through the different strata of our society. It is our view that possibilities of an..Category: Constitutional Law | Date: | Hits: 228
Government of Bangladesh Vs. M Anwar Hossain and others, 2011, 40 CLC (AD)
....lam, Senior Advocate, instructed by Md. Aftab Hossain, Advocate-on-Record—For Respondent No.1 (In all the cases) None Represented—For Respondent Nos.2-5. (In all the cases) Civil Petition for Leave to Appeal Nos.1718 & 2686 of 2010 and 869 of 2011. (From the judgment and order dated 1......judgment of the High Court Division is set aside. These petitions are disposed of with the above observations. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 155, VIII ADC (2011) 901. ...... the Revenue Office in accordance with law. 9. We have perused the judgments in Civil Revision No.5380 of 1991 which arose out of the Other Class Suit No.40 of 1981, Writ Petition No.4997 of 2008, plaint in Other Class Suit No.197 of 2011, the writ petition and other connected papers. We have hea..Category: Property Law | Date: | Hits: 68
Golam Mustafa Vs. Commissioner of Customs and others, 2011, 40 CLC (HCD)
....ank Guarantee being No.74/2011 dated 14-3-2011 (Annexure-G). 2. The Background leading to this application is that the petitioner in course of his business opened Letter of Credit dated 27-12-2010 for the import of commodity of 32 MT of Anti Oxidant preparation and other compound Stabilizer for R......the Appellate Division which is binding on us we are of the view that this application merits no substance which is summarily rejected. Ed. This Case is also Reported in: 63 DLR (2011) 679. ...... the sample of the goods was then sent for examination to BCSIR, Dhaka and the Department of Chemistry, University of Dhaka. The petitioner in this situation, as he submits, was required to make a complaint within 21 days from the date of making provisional assessment before the Review Committee for..Category: Business or Commercial Law | Date: | Hits: 200
....ember 2, 2010.
Result:
The petition is dismissed.
Lawyers Involved:
Bivash Chandra Biswas, Advocate-on-Record-For the Petitioners.
Not Represented- the Respondent.
Criminal Petition for Leave to Appeal No.413 of 2009.
(From the judgment and order dated 5.1.2009 passed by the Hig......h the concurrent findings of fact arrived at by the Courts below.
This petition is, therefore, dismissed with a cost of Tk. 5,000/-
Ed.
This Case is also Reported in: VIII ADC (2011) 449.
......land. They are claiming title as successive heirs of Shariatullah Sheikh. Defendant Nos.1 and 2 contested the suit by filing a joint written statement denying the material allegations made in the plaint. The trial Court on consideration of the evidence on record by judgment and order dated 21st ..
Category: Property Law | Date: | Hits: 68
Renu Begum Vs. Khandokar Enamul Mowla and others, 2011, 40 CLC (HCD)
....ing the suit should not be set aside. 2. The fact of the case in-short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka for specific performance of contract for sale of the suit land impleading the opposite party Nos.1-3......uit is set aside and thus, the suit is hereby decreed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 16 BLC (2011) 791. ......07) passed by the learned Senior Assistant Judge, Savar, Dhaka in Title Suit No.169 of 2003 dismissing the suit should not be set aside. 2. The fact of the case in-short is that, the petitioner as plaintiff instituted Title Suit No.169 of 2003 in the Court of Senior Assistant Judge, Savar Dhaka f..Category: Property Law | Date: | Hits: 74
Md. Abu Musa Bhuiyan and another Vs. Mohammad Ali alias Alimullah and others, 2010, 39 CLC (AD)
.... August 22, 2010. Lawyers Involved: Abdus Samad, Senior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.430 of 2009. (From the judgment and order dated 02.12.2008 passed by the H......e find nothing to interfere with the judgment of the High Court Division and accordingly this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 431. ...... Appeal No.223 of 1997 affirming those of the learned Assistant Judge, 3rd Court, Dhaka dated 31.07.1997 in. Title suit No.160 of 1994 decreeing the suit with direction to hand over possession to the plaintiffs. 2. The facts, in short, are that the plaintiff-petitioners filed Title Suit No.160 of..Category: Property Law | Date: | Hits: 71
Md. Daliluddin and others Vs. Md. Mokarram Hossain, 2011, 40 CLC (AD)
....ed: Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioners. A.S.M. Khalequzzaman, Advocate, instructed by Mrs. Shahanara Begum, Advocate-on- Record-For the Respondent. Civil Petition for Leave to Appeal No. 2401 of 2009. (From the judgment and order dated 27.10.2009 passed by the...... materials on record and as such no interference is called for. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 421. ...... 3. Respondent No.1 instituted Other Class Suit No.15 of 2004 in the Court of Assistant Judge, Baladangi, Thakurgaon for recovery of khas possession by removing kachha houses. 4. The case of the plaintiff, in short, is that the suit land appertaining to C.S. khatian No. 297/3 corresponding to S..Category: Property Law | Date: | Hits: 79
Md. Alimuzzarnan (Reza) and others Vs. Md. Masudar Rahman @ Babul and others, 2010, 39 CLC (HCD)
....in execution of a decree passed by a competent Court without setting aside the decree. 2. Respondent No.1 (the plaintiff) instituted the suit in the First Court of Subordinate Judge, Narayangonj for declaration that the deed dated 14th November, 1992 executed and registered through Court in p......merit in the contention of Mr. Mahmudul Islam. Accordingly, the appeal is allowed without any order as to cost. The suit is dismissed. Ed. This Case is also Reported in: VIII ADC (2011) 392. ......registered deed void can be passed, which was executed and registered through Court in execution of a decree passed by a competent Court without setting aside the decree. 2. Respondent No.1 (the plaintiff) instituted the suit in the First Court of Subordinate Judge, Narayangonj for declarat..Category: Procedural Law | Date: | Hits: 76
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