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Category: Company Law | Date: | Hits: 190
Kutub Uddin Bhuiyan and others Vs. Sakhina Bibi and others, 1990, 19 CLC (HCD)
.... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601.......ourt, Dhaka rejecting an application for amendment of the plaint. 2. The petitioners instituted Title Suit No. 932 of 1982 in the Court of Munsif, 6th Court, Dhaka for declaration that the Revenue sale held on 25.9.45 is null and void and not binding upon them. Their case was that the taluk inclu...... as proposed by the application under Order 6 rule 17 C.P.C. In the result, the Rule is made absolute. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 601...Category: Property Law | Date: | Hits: 92
Abul (Md.) Kashem & others Vs. Ashrafuzzaman, 1990, 19 CLC (HCD)
....of the case within three months of the receipt of the copy of this judgment. Let a copy of this order be transmitted to the Court below. Ed. This Case is also Reported in: 43 DLR (1991) 596. ......submitted that the Court below acted illegally in passing the impugned order while deciding the issue No. 2 regarding valuation in not considering the valuation position of the land shown in the five sale deeds produced by the plaintiff in the Court below for deciding the issue regarding valuation. ......tted that the Court below acted illegally in passing the impugned order while deciding the issue No. 2 regarding valuation in not considering the valuation position of the land shown in the five sale deeds produced by the plaintiff in the Court below for deciding the issue regarding valuation. Had t..Category: Civil Law | Date: | Hits: 94
Abdul Quader Chowdhury Vs. Sayedul Hoque & others, 1990, 19 CLC (HCD)
.... in khatian No. 1 as khas land of the Government. The Government settled the said land measuring 78.23 to the different persons including the plaintiffs in perpetual lease. They paid the salami after execution and registration of the Kobuliats and the lease‑hold lands were recorded in their names ......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ......s hereby affirmed. In the result, both these Rules are discharged. No order as to Cost. The connected stay orders are hereby vacated. Ed. This Case is also Reported in: 43 DLR (1991) 568. ..Category: Property Law | Date: | Hits: 72
Rabindra Narayan Gope Vs. Nani Gopal Gope and other, 1990, 19 CLC (HCD)
....P.C. the appeal being incompetent the impugned order of the appellate Court was without jurisdiction and the remedy of the opposite parties lies in a properly constituted separate suit and not in the execution case under Order 21 rule, 15 C.P.C. as the dispute between the decree‑holders was not a ......ubordinate Judge, 5th Court, Dhaka it was renumbered as Title Suit No. 147 of 1968. On April 21, 1981 the suit was decreed ex parte and the defendant was directed to execute. and register the deed of sale in favour of the plaintiffs on receipt of Tk. 8, 275.00 within 60 days. The petitioner deposite...... sole defendant Saleha Khatun, the predecessor of the opposite parties No. 3 to 3(b), for specific performance of contract in respect of the disputed two storied building on the basis of a registered deed of reconveyance executed on April 2, 1956. On transfer to the Court of Subordinate Judge, 5th C..Category: Procedural Law | Date: | Hits: 81
Category: Intellectual Property Law | Date: | Hits: 264
Nannu (Md.) Miah Vs. Mosammat Peer Banu Bibi & another, 1990, 19 CLC (HCD)
....or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526.......or of law. The impugned order is not liable to be interfered with, In the result the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 526...Category: Procedural Law | Date: | Hits: 86
Bangladesh Vs. Unimarine SA Panama and other, 1977, 6 CLC (HCD)
....isions of Order 38, rule 5 which runs as follows: "5. (1) Where, at any stage of a suit, the Court is satisfied, by affidavit or otherwise, that the defendant, with intent to obstruct or delay the execution of any decree that may be passed against him,- (a) is about to dispose of the whole or......ecognized in Order XXXVIII, rule 5 of the Civil Procedure Code which empowers the Court to attach the property of the defendant in order that any decree that is passed in the suit may be satisfied by sale of the attached property. If the Court has power to attach the property of the defendant at a t......t-appellant but in view of our judgment there is no necessity of passing any order in the revisional application. ATM Afzal J.- I agree. Ed. This Case is also Reported in: 29 DLR (1977) 252. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 240
Adam Ali Bepari Vs. Abdur Rahman Dewan & others, 1991, 20 CLC (HCD)
....I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......I do not find any reason to interfere with the judgment and order impugned. In the result, the Rule is discharged. No order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 510. ......ase was taken for agricultural purpose. On the contrary, it is found that the land is a "Bhiti" meaning non‑agricultural land. This entry cannot be wiped out merely on the basis of a recital in the deed describing the land as a "Chashi‑Bhiti" land. Mr. Shaha also relied upon the case of Forman A..Category: Property Law | Date: | Hits: 95
Abdul Majid Vs. Akhil Chandra Sengupta and others, 1991, 20 CLC (HCD)
....e there is no transfer as contemplated under section 96 of the State Acquisition and Tenancy Act, 1950. Limitation in case of a proceeding under section 96 of the Act does not start front the date of execution of the document transferring the land, rather from the date when the document is registere......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ......s correct. For the aforesaid reasons the judgment cannot be sustained. In the result, the Rule is made absolute. No order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 506. ..Category: Property Law | Date: | Hits: 97
Mozammel Haque Vs. Uttara Bank, 1990, 19 CLC (HCD)
....t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ......egal notice the petitioner did not liquidate the arrear and the outstanding debt with interest amounted Tk. 668118/‑, as on 9.5.83. Hence the suit for realisation of the arrear dues amicably, or by sale of the Mortgage property. 3. The defendant‑petitioner contested the suit by filing a writt......t relates to the ground of re‑calling the order dated 28.8.84. In the result, the Rule is discharged but without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 498. ..Category: Property Law | Date: | Hits: 90
Nehal Uddin (Md.) and others Vs. Amena Khatun and others, 1990, 19 CLC (HCD)
....spect to the s/1 for 7/8 yrs. The land sold away to defendants 12/15 are being possessed by the vendor themselves. Defendant Nos. 5 and 6 never possessed the s/1 or any portion of the suit jote after execution of Ext. 1 "In cross‑examination this witness stated that defendants 2‑4 are co‑share......nd against the plaintiff. As regards issue No. 2 the Trial Court held that the plaintiff as per Exts. 1‑1b was not entitled to get more than a total of 2.24 acres of land. But consequently upon her sale of 1.34 acres, vide Exts. 1(c) to 1(d) to defendant Nos. 12‑15 she was not supposed to get mo......ngful gain by the plaintiff, that defendant Nos. 12‑15 also did not possess any portion of the suit‑property, that defendant Nos. 2‑4 already purchased the shares of defendant Nos. 5 and 6 vide deed Ext. A and that the plaintiff has had no possession in the suit property, hence her name was no..Category: Property Law | Date: | Hits: 71
Mir Amir Ali Vs. State, 1991, 20 CLC (HCD)
....rom their GP Fund deposit. The learned Advocate submits that the teachers have drawn the money as loan against their provident fund deposit and the Upazila Education Officer being responsible for the execution of all directives related to Primary Education being under the control of Primary Educatio......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ......uashed. It is hereby directed that the accused petitioner be discharged from his bail bond. The Rule is accordingly made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 250. ..Category: Criminal Law | Date: | Hits: 104
Government of Bangladesh and others Vs. Abul Hashem Khan, 2009, 38 CLC (AD)
....period, in exercise or Proclamation, Proclamation order, Chief Martial Law Administrator's Order, Martial Law Regulation, Martial Law Order, Martial Law Instruction, Ordinance or any other Law, or in execution of or in compliance with any order made or sentence passed by any court, tribunal or autho...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ...... is set aside. The case is, thus, dismissed. In the result, this appeal is, accordingly, allowed without any other as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 271. ..Category: Administrative Law | Date: | Hits: 160
Virginia Tobacco Co. Ltd. and others Vs. Chairman, Labour Court and others, 1991, 20 CLC (HCD)
....t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ......dents workers on 10.1.1985 for 45 days mala fide by the impugned notice. 3. The said case was resisted by the present petitioners, contending that the petitioner 1 was engaged in manufacturing and sale of low‑priced cigarettes. As majority of the members of the company were non‑local, the pet......t the order No.8 dated 21.11.1985 has been made without any lawful authority. In the result, we make this Rule absolute. No costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 233. ..Category: Labour and Industrial Law | Date: | Hits: 129
Mustafizur Rahman Vs. State and others, 1992, 21 CLC (HCD)
....the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ......ated below for your guidance: A. Functions: i) Making advances or loans either from own equity or by borrowing within the country or by syndication of foreign exchange loan, ii) Purchase and sale of shares, stocks, debentures, etc. iii) Underwriting stocks, shares, etc., iv) Undertak......the petition for bail of the petitioner and we find no reason to grant the prayer for bail. In the result, the Rule is discharged. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 227. ..Category: Criminal Law | Date: | Hits: 125
Bangladesh Vs. Md. Ishaque being dead his heirs Lakhaxmi Bibi and others, 1992, 21 CLC (HCD)
....In the meantime, the respondent started Execution case being No.24 of 1986 for executing the award dated 28.5.85. It is further stated by the respondent that appellant Bangladesh appeared in the said execution case on 14.5.87 and prayed for two months' time to deposit the sum of money awarded. 7.......r proceedings of Money Execution case No.24 of 1986 of the 3rd Court of Subordinate judge, Dhaka be stayed till 15th February, 1993. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 223. ......nd Law Report Vol. 1, 1979 page 365 which reads as under: "The distinction between an error which entails absence of jurisdiction and an error made within the jurisdiction is very fine. 'So fine indeed that it is rapidly being eroded.' Fake this very case when the Judge held that the installation..Category: Property Law | Date: | Hits: 76
Shahabuddin Vs. Abdul Gani Bhuiyan, 1989, 18 CLC (HCD)
....elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ......ropriety of the order of the learned Magistrate. The learned Sessions Judge, however, having had considered the evidence on record modified the order passed by the learned Magistrate and directed the sale of molasses and the salt which were in possession of the owner Belayet Hossain and were found i......elates to sale of the salt and molasses and that of the learned Magistrate is restored. In the result, this Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 217. ..Category: Criminal Law | Date: | Hits: 64
Anwara Rashid and others Vs. Deputy Commissioner, Dhaka and others, 1992, 21 CLC (HCD)
.... was for public purpose and in public interest for facilitating traffic by opening a link road to reduce congestion in the city and the petitions have been filed with mala fide intention to delay the execution of the project in spite of shifting the acquisition line to the south after considering th...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ...... the rules under judgment. In the result all the Rules are discharged without any order as to costs. Orders of stay stand vacated. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 207. ..Category: Property Law | Date: | Hits: 79
Dr. Kazi Mozammel Hoque Vs. State, 1992, 21 CLC (HCD)
....s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......s concerned in the case. In the result, the rule is discharged. Let this order be communicated to the trial Court for information. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 197. ......e of control over the conduct of the proceedings before them. This view is now well established and enshrined in numerous decisions by eminent Judges of the Superior Courts of this sub‑continent. Indeed it was necessary to recognise this rule for ensuring real and substantial justice between the c..Category: Criminal Law | Date: | Hits: 80