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Kamaluddin and others Vs. Abdul Aziz (Md.) and others, 2004, 33 CLC (HCD)

....e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485.......e trial Court. The respondents would be entitled to withdraw the money deposited in Court by the preemptors. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 485...

Category: Property Law | Date: | Hits: 71

Foez Ahmed Vs. Joynal Abedin and others, 2002, 31 CLC (HCD)

....t and decree in decreeing the suit calling for interference by this Court. In the result, this Rule is discharged, No order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 477. ......is old residential house and other immovable properties to the defendant for an amount of Taka 3,000 and executed a Nadabinama in favour of the defendant. The sale deed and the Nadabinama are genuine documents. After the transfer of the suit land and the house the plaintiff went to his new homestead..

Category: Property Law | Date: | Hits: 80

MR Trading Co. Vs. Superintendent Engineer and others, 2004, 33 CLC (HCD)

....rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ......rict Judge is directed to hear and dispose of the suit by 27‑7‑04, positively. Send down the lower Court's record within three days. Ed. This Case is also Reported in: 56 DLR (2004) 470. ..

Category: Civil Law | Date: | Hits: 73

Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....ite party No. 1, Syed Abidur Reza as plaintiff on 17‑3­-82 instituted Title Suit No. 97 of 1982 against the petitioner and others for a decree of declaration that termination of his service in the bank by defendant No. 2 by letter dated 19‑9‑81 dispatched vide memo No. 3392A was illegal, mala......t a decree as prayed for? and (d) what relief, if any, the plaintiff was entitled to? 11. The plaintiff in support of his case examined him. The defendants also examined one witness. Papers and documents adduced by plaintiff were marked as exhibit‑1 to exhibit‑10 while one power of attorne..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....urt, however, is directed to dispose of the concerned suit expeditiously. Communicate this order to the concerned Court immediately. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 749.......that Mr. Aminul Hoque, the learned Attorney­ General, should conduct the hearing of the temporary injunction, the same being a matter of public importance. Besides, all relevant papers and important documents are also lying with him”. 5. Mr. Syed Ishtiaque Ahmed, the learned Advocate appearing..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....' list of Gazette notification as the abandoned property. In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 746. ......n possession he entered into an agreement on 19.1.1971 with the petitioner for sale of the said property at a consideration of Taka 12 (twelve) thousand and on receipt of Taka 11,500.00 delivered the documents and papers with assurance to the petitioner to execute and register a proper conveyance de..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....r and against the pro‑forma defendants 8‑11. The plaintiff contracted for import of 4108.23 metric tonnes of Crude Degumned Soyabean oil in bulk from any South American port to Chittagong and its banker, defendant 11 Janata Bank opened the letter of Credit in favour of the supplier, Devon Indust......s over the cargo the ship owner or the Master of the ship cannot issue delivery order for the cargo. 3. Dr. Kamal Hossain, on the other hand, relying upon the averments, made in the plaint and the documents filed as per list contends that these conclusively prove that the plaintiffs cargo were sh..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

....ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ......he impugned notice in Annexure‑'I'. 3. In response, the respondent No.1 has stated that the Miscellaneous Case No.20 of 2002‑2003 has been initiated on the primary ground that false and forged documents created by the petitioners have constituted the basis of the petitioners' Mutation Case No..

Category: Property Law | Date: | Hits: 113

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

....rmal demand notices upon the defendants under section 9 of the Bankruptcy Act which having not been heeded to by the defendants the plaintiff filed the present suit for adjudicating the defendants as bankrupts. The suit was contested by defendant No.1 by filing written statement denying the material......under section 9 was served upon him. The defendant No.3 also filed an additional written statement by denying his signature on guarantee form and after considering the evidence of the parties and the documents which have been exhibited the Bankruptcy Court allowed the suit. Being aggrieved by the ju..

Category: Civil Law | Date: | Hits: 83

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......Report of Finding (CRF) Certificate being No. It/GBQ 10775 dated 26‑1­-2004 which shows conformity with the invoice value. Thereafter, the goods were shipped and the supplier sent all the shipping documents, viz, commercial invoice, bill of lading, packing list, etc. As per provision of Article 5..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......preemption was liable to be rejected. 5. In the trial Court petitioner examined 2 witnesses including himself. Opposite party No. 1 also examined 2 witnesses including himself. They also exhibited documents in support of their respective cases. 6. Learned trial Judge found that between the dee..

Category: Property Law | Date: | Hits: 79

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....ict Judge, Artha Rin Adalat, as suffering from lack of jurisdiction; IV. Whether the High Court Division acted illegally in setting aside the orders passed by the Artha Rin Adalat, inasmuch as any bank, in order to recover a loan, would file an Artha Rin Suit in the Artha Rin Adalat and the suit ......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...

Category: Civil Law | Date: | Hits: 59

Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)

....in plot No.1368, measuring 0.92 acre and plot No.1369, measuring 0.56 acre and also constructed a house upon the suit plot No. 2126, measuring 0.25 acre of land; that they also planted trees upon the banks of the tank and continued rearing fishes in the tank by spending huge amount of money; that th......rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ..

Category: Property Law | Date: | Hits: 47

Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)

.... he was living with the petitioner in portion of the property described in Schedule 'Ka' and also carrying on joint business by money obtained from the said exchange. There was a joint account in the bank and that plaintiff opposite party passed MBBS examination and got an employment under the Govt.......her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ..

Category: Property Law | Date: | Hits: 74

AW Malik Vs. Commissioner of Taxes, Dhaka (South) Zone, Dhaka, 1992, 21 CLC (HCD)

.... assessee submitted statement disclosing net property income at Tk. 35,337.00 and claimed deduction of Tk. 6,600.00 as expense for keeping Darwan and Sweeper. He also claimed deduction of interest on bank loan and life policy loans for Tk. 1805.00. The Deputy Commissioner of Taxes assessed the incom......f the case, the Taxes Appellate Tribunal was justified in law in holding that the applicant is the real owner of the house property in question ignoring the registered Title‑Deeds and other related documents evidencing the ownership of Mrs. Momtaz Mallik? 3. Whether on the facts and in the circ..

Category: Fiscal/Taxation Law | Date: | Hits: 110

Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)

....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ...... circumstances the plaintiffs being no longer in the Executive Committee cannot seek equitable relief or obtain an injunction and hence the same should be dismissed. 13. On perusal of the relevant documents and after hearing the parties the Senior Assistant Judge passed an order of status quo til..

Category: Civil Law | Date: | Hits: 85

Benode Behari Mondal Vs. Arabinda Sarder and others, 1995, 24 CLC (HCD)

....spose of the appeal within 3(three) months from the date of receipt of the record. The lower court records be sent down immediately. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 72. ......etitioner submitted that court of appeal below acted illegally in not deciding the appeal on merit and shirking responsibility sent the case on remand to the trial Court on flimsy ground that certain documents have been considered without being marked as exhibits. 7. Mr. M Fazlul Karim, the learn..

Category: Property Law | Date: | Hits: 51

Hazi Abdul Hakim Khan Vs. Lal Miah Saiyal alias Lal Miah and others, 2012, 41 CLC (AD)

....ree. Surendra Kumar Sinha J. – I agree. Abdul Wahhab Miah J. – I agree. Nazmun Ara Sultana J. – I agree. Syed Mahmud Hossain J. – I agree. Ed. This Case is also Reported in: ...... Begum in execution of certificate and induction in possession of the suit holding through Court and subsequent transfer to the plaintiff by a registered sale deed are all false and unfounded and the documents, even if made, are mere paper transactions which have not passed any title to the alleged ..

Category: Property Law | Date: | Hits: 70

Professor Dr. Md. Yusuf Ali Vs. Chancellor of Rajshahi University, Rajshahi & others, 1997, 26 CLC (HCD)

....ence by this Court. In the result this Rule is discharged. But in the facts and circumstances of the case we pass no order as to cost. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 1.......before passing the impugned order and, as such, this order is absolutely illegal and without jurisdiction. 24. We have heard the learned Advocates of both sides and perused the relevant papers and documents placed before us. It is easy to allege mala fide, but it is difficult to prove the same. I..

Category: Employment/Service Law | Date: | Hits: 158

Bangladesh Water Development Board Vs. Md. Shafiqul Islam and others, 2010, 39 CLC (AD)

....titioners arc permitted to add the additional grounds. The order of status-quo granted earlier be extended till disposal of the appeal. Ed. This Case is also Reported in: VIII ADC (2011) 752.......ve heard the learned Advocate-on-Record appearing for the petitioners and learned Counsel appearing for the respondent No.1. We have perused the impugned judgment, the writ petition and the connected documents. It is contended on behalf of the petitioners that the High Court Division erred in law in..

Category: Employment/Service Law | Date: | Hits: 94