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Feroja Khatoon Vs. Brajalal Nath & others, 1989, 18 CLC (HCD)
....arties only. Neither the defendant No. 1 in his written statement Look any such objection of defect of party, nor his wife Braja Bashi Debi came forward to challenge the bainapatra in question with a prayer for her being added as a party in the suit. No such issue was proposed to be framed in the Tr................................Petitioner Vs. Brajalal Nath & others..........................Opposite Party. Judgment June 1, 1989. Lawyers Involved: Mihir Kanti Majumder, Advocate, for Shahabuddin Ahmad, Advocate ‑ For the Petitioner. Not represented ‑ the Opposite Party. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ......e suit stands decreed. Since there is no appearance on the side of the opposite party No. 1, question of awarding costs does not arise. Ed. This Case is also Reported in: 43 DLR (1991) 160. ..Category: Property Law | Date: | Hits: 64
Rana Awan (Mrs.) Vs. Bangladesh, 1990, 19 CLC (HCD)
....e certain properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and deliver possession thereof to ......in properties from the list of abandoned properties which has been earlier declared as abandoned property under the President's Order No. 16 of 1972, has been called in question with a further prayer for directing the respondents to release the said property and deliver possession thereof to the pet......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ......ed authority on 14.11.83 as contained in Annexure‑H to the writ petition within 30 days from date. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 139. ..Category: Property Law | Date: | Hits: 78
Category: Employment/Service Law | Date: | Hits: 79
Repco Laboratories Ltd. Vs. Nuruddin Ahmed and others, 1989, 18 CLC (HCD)
....l other processes obtained an ex parte decree on 9.3.63. They alleged that the decree had clouded their title and hence the suit. 3. The opposite party No. I was not a party in the suit and on his prayer he was added as defendant No. 12 in the suit and he filed a written statement denying all the......e 4 and section 151 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted the suit in the said Court of Subordinate Judge against the opposite party Nos. 2‑17 as defendants for a declaration that the decree obtained by the original defendant No. 1 Imanuddin Rari (since dec......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ......ocedure there is no scope for me for interference with his order. Accordingly, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 123. ..Category: Procedural Law | Date: | Hits: 84
Wahida Rashid (Most) and another Vs. Miron Muhammad Zahidul Hoque, 1990, 19 CLC (HCD)
....ia in Title Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father ......itle Suit No. 242 of 1977. The short facts of the case, in brief, are: 2. The opposite party No. 1 as plaintiff filed title suit No. 242 of 1977 in the First Court of Munsif, Kushfia with a prayer for ejectment of the defendant petitioners alleging, inter alia, that the plaintiff's father purchas......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115.......not call for any interference by this Court at this revisional stage. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 115...Category: Property Law | Date: | Hits: 66
Sheikh Mohd. Salimullah Vs. Shafiqul Alam, 1990, 19 CLC (HCD)
....peals the petitioner filed application under section 10 of the Code of Civil Procedure for staying further proceeding of the SCC Suits till disposal of the Appeals. The learned SCC Judge rejected the prayer and then the petitioner moved this Court and obtained Rules in Civil Revision Nos. 781 and 78......ates ‑ For the Opposite Party. Civil Revision No. 538 of 1990 with Civil Revision No. 539 of 1990. Judgment Mahmudul Amin Chowdhury J.- These two applications are taken up together for hearing as they relate to the same matter. 2. The petitioner in these two revisional applicat......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ......as such there is no question of granting stay pending disposal of the revisional application. The prayer for stay is therefore rejected. Ed. This Case is also Reported in: 43 DLR (1991) 113. ..Category: Property Law | Date: | Hits: 66
Fariduddin Mahmud Vs. Md. Saidur Rahman and others, 2010, 39 CLC (AD)
....on made such order. These two orders revealed that Judgment debtor had full Knowledge about the purported steps taken by the decree-holder for sale of the mortgaged property but he did not make any prayer to pay the decreetal amount, rather he wanted the proceedings be suspended till disposal of......High Court Division in Writ Petition No. 5085 of 2008 arising out of Artha Jari Case No. 153 of 2007 pending in the Court of Artha Rin Adalat Court No.1, Chittagong (the Adalat). 2. Facts relevant for the disposal of this appeal are that the respondent No.2 instituted Artha Rin suit No.66 of 2006......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ......to cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 63 DLR (AD) (2011) 93, 31 BLD (AD) (2011) 78, 8 LG (AD) (2011) 145, 16 MLR (AD)(2011) 205. ..Category: Civil Law | Date: | Hits: 113
Bakth Bibi Vs. Bangladesh, 1992, 21 CLC (HCD)
....of the purchaser. Moreover, the conduct of her husband indicates otherwise. We find from the record that as early as in 1963 her husband Abdul Khaleque applied for the citizenship of Pakistan but his prayer was rejected holding that he was still an Afghan national. Apart from that, the petitioner is......nder Article 102 of the Constitution is directed against the judgment and order dated 7.3.89 passed by the Court of Settlement in Case No.1022 of 1987. The case was filed by the petitioner Bakht Bibi for the release of a three‑storied building at 93, Chatteswary Road, Chittagong, from the list of ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ......ernment are without authority and of no legal effect. I, therefore, agree with the order proposed to be passed by my learned brother. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 105. ..Category: Property Law | Date: | Hits: 73
Shafiuddin Khan (Md) Vs. State and another, 1993, 22 CLC (HCD)
....84. Thereafter on 17.3.85 after hearing the prosecution and defence and considering the materials on record as well as petitioner's application to discharge him from the case Court below rejected the prayer of the accused and framed charge against him under sections 406/420 of the Bangladesh Penal C......pazila Magistrate, Nawabgonj, Dhaka should not be quashed. 2. Facts leading to this Rule are as follows: The complainant‑opposite party No.2, Md. Tasar Ali Mia filed a petition of complaint before the Upazila Magistrate, Nowabgonj alleging that the accused petitioner Md. Shafiuddin Khan requ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ......against the accused petitioner under section 420 BPC after amending the charge in the light of the observation made in the judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 102. ..Category: Criminal Law | Date: | Hits: 132
Hashem (Md.) Vs. Bangladesh and others, 1990, 19 CLC (HCD)
....en over as abandoned property and has been leased out to one Begum Roushan Ara. 7. The learned Subordinate Judge after hearing dismissed the suit on the grounds that a simple declaration without a prayer for consequential relief is hit by section 42 of the Specific Relief Act and thereby he held ......d against a judgment and decree dated 30.6.87 passed by the Subordinate Judge, 3rd Court, Dhaka in Title Suit No. 353 of 1984 dismissing the suit. 2. The appellant as plaintiff filed the said suit for declaration that he is a citizen of Bangladesh and that the suit property is not an abandoned pr......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ......s not an abandoned property. In the facts and circumstances of the case, we direct both parties to bear their respective costs although. Ed. This Case is also Reported in: 43 DLR (1991) 109. ..Category: Property Law | Date: | Hits: 73
Nazir Ahmed and others Vs. Md. Hazee Kalu, 1989, 18 CLC (HCD)
....to the members of an undivided family. Evidently the defendants were not members of the undivided family. From the judgments of both the Courts below it is not also found that the defendants made any prayer to buy the land transferred to the plaintiff under Exts. 1, (a) and 1(b) by Ejahar Mia. In vi......a while in possession as owner of the said land by 3 registered kabalas, Exts. 1, 1(e) and 1 (b) sold 6 acres of land to the plaintiffs and delivered possession thereof to him. Since purchase of the aforesaid land (described in schedule 2 to the plaint) the plaintiff was in possession by cultivating...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ...... other point in support of the appeal. There is no substance in this appeal. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 75. ..Category: Property Law | Date: | Hits: 66
Adamjee Sons Limited Vs. Jiban Bima Corporation, 1992, 21 CLC (HCD)
....th notice for making it the rule of the Court and Title Suit No.467 of 1982 of the Court of Subordinate Judge, 3rd Court, Dhaka was instituted. The Court fixed 6.12.82 for return and order but on the prayer of the appellant 24.1.83 was fixed for filing written objection but the same was not filed on...... 75 of 1983. Judgment AM Mahmudur Rahman J.- This appeal is against an ex‑parte decree passed in Title Suit No.467 of 1982 making the Award made by the Arbitrator a rule of the court. 2. Before I proceed to deliver the judgment I am impelled to make certain observation on the conduct of t......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ......nt one. In view of my discussion, I am led to hold that the appeal must fail. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 89. ..Category: Alternative Dispute Resolution | Date: | Hits: 174
Mohammad Shahabuddin Vs. Government of the People’s Republic of Bangladesh, 2011, 40 CLC (HCD)
....that unless a contract is signed the petitioner has acquired no right to have an order of mandamus compelling the respondent to issue an offer letter for the work shown in the schedule. Referring the prayer made by the petitioner addressing the Secretary, Ministry of Education Annexure-H to the peti......d Memo No.Common:Sha:71/97 Second Part)/518 dated 1.4.2001 issued by the Secretary, National Curriculum and Text Book Board (NCTB), Dhaka (Annexure-C to the petition) cancelling the tender proceeding for the internal decoration, electrical work and renovation of 12 floor of the building shall not be...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ...... Let a Copy of this judgment be sent to the concerned authority at once for information and necessary action. Md. Akram Hossain Chowdhury J. - I agree. Ed. This Case is also Reported in: ..Category: Others | Date: | Hits: 133
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....Rahman, the learned Advocate for the applicant, prayed for a certificate under section 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......ncome Tax Act, 1922 filed by the Commissioner of Taxes, Maka (South) Zone, Dhaka. 2. The relevant facts of the cases are that the respondent M/s. Ujala Match Factory, Dhaka filed income tax return for the assessment years 1976‑77, 1977‑78 and 1978‑79, claiming deduction of bonus of Tk. 6,39......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ......n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ..Category: Fiscal/Taxation Law | Date: | Hits: 171
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
....s of being heard but still 21 days delay remain unexplained. Referring to this fact learned Advocate appearing for the opposite parties submits that petitioner acted with gross negligence and as such prayer for condonation should not be considered. 9. I have been taken through the judgment pronou......and Mr. Justice Abdul Hasib and as their Lordships failed to return an unanimous verdict, their Lordships entered into dissenting judgment. It is under this circumstances that the matter was placed before the learned Chief Justice for passing an appropriate order and the learned Chief Justice has re...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ...... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ..Category: Procedural Law | Date: | Hits: 87
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....4 decimals after depositing the consideration money. 3. The opposite party contested the case by filing written objection. When the case came up for hearing the petitioner prayed for time and such prayer for time was allowed with a cost of Taka 200.00. The petitioner or his lawyer did not know ab......dure. 2. The case of the petitioner is that he failed Miscellaneous Case No.32 of 1983 under section 96 of the East Bengal State Acquisition and Tenancy Act against the opposite party pre‑emptee for pre‑emption of the land of Mouza Delua, SA Khatian No.831, Plot No.480 being an area of 0.06 d......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ..Category: Property Law | Date: | Hits: 75
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
....dinate 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 No.1 instituted Money Suit No.1......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 No.1 instituted Money Suit No.131 of 1......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. ......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. ..Category: Civil Law | Date: | Hits: 92
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Affairs with the last 5 Years Annual confidential Reports of the petitioner and that of Mr. Khondakar Md. Abu Bakar with effective consultation with the Supreme Court of Bangladesh”.(para B of the prayer portion). 3. The case of the petitioner Mr. Md. Aftab Uddin, who happens to be a District ......ng Notification No. সমা/প্রবি ১-২৯/৮৮-১৮৩ dated 31.7.94 of the Ministry of Establishment, Government of Bangladesh as at Annexure A to the application under which the aforesaid promotion was made have been called in question as ultra vires having been made without com...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ...... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ..Category: Employment/Service Law | Date: | Hits: 173
Category: Procedural Law | Date: | Hits: 68