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Government of Bangladesh and another Vs. Lutfun Nessa and others, 2010, 39 CLC (AD)
....d-For the Petitioner (In Civil Petition No. 2029 of 2009) Subrata Chowdhury, Advocate instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents. (In both the cases) Civil Petition for Leave to Appeal Nos. 1996 & 2029 of 2009. (From the judgment and order dated the 6th day......n the submissions of the learned Counsel for the petitioners. Accordingly, the petitions are dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 141, VIII ADC (2011) 189. ......d out to the defendant Nos.3-5. The defendant Nos.3-5 thereupon instituted Title Suit No.70 of 1998 for permanent injunction disclosing about the existence of deeds mentioned in schedule 'Kha' to the plaint. Mona Mohan Mondal or his sons Adhor Chand and Amor Chand were not the owners of the suit lan..Category: Property Law | Date: | Hits: 93
Sudhansu Kumar Barai and others Vs. Abul Hashem and others, 1990, 19 CLC (HCD)
....dhansu Kumar Barai and others........Petitioners Vs. Abul Hashem and others ...................Opposite Parties. Judgment February 7, 1990. Lawyers Involved: Mujibur Rahman Talukder for PC Guha, Advocates ‑For the Petitioners. Tapan Kumar Chakroborty, Advocate ‑ For the Oppo......tioned that the defendants shall be at liberty to agitate this question when the issues are framed. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 327. ......y Mr. Manjur Kader, Upazila Munsif, Banaripara in Title Suit No.12 of 1985 refusing to dismiss the suit as being barred by res judicata. 2. Opposite party No.1 namely, Abul Hashem Howlader being a plaintiff brought the suit praying for declaration of title and confirmation of possession in certai..Category: Property Law | Date: | Hits: 80
Sadharan Bima Corporation Vs. Bangladesh Shipping Corporation and others, 1990, 19 CLC (HCD)
....alty Suit No. 14 of 1984. Judgment Md. Mozammel Hoque J. - This is an application filed by Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 16.6.8......ependently in accordance with law. Parties are at liberty to take back their respective documents and Exhibits on giving proper receipt. Ed. This Case is also Reported in: 43 DLR (1991) 322. ......f 1984. Judgment Md. Mozammel Hoque J. - This is an application filed by Defendant No. 1 petitioner under Order 7, rule 10 read with section 151 of the Code of Civil Procedure for return of the plaint to the plaintiff. 2. The plaintiff instituted the present suit on 16.6.84 claiming a decre..Category: Admiralty Law or Maritime Law | Date: | Hits: 175
Abdus Sobhan Vs. Harekrishna Kundu and another, 1988, 17 CLC (HCD)
....hman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dhaka in Money Suit No. 158 of 1969 arising out of a suit for realisation of compensation for damage to the plaintiff's reputation allegedly caused by the def......,000.00 (Tk. five thousand) only as damages. In the result, the appeal is allowed. Since there is no appearance we do not award any costs. Ed. This Case is also Reported in: 43 DLR (1991) 314.......dus Sobhan, the appellant appears in person. Not represented-the Opposite Party. Appeal from Original Decree No. 5 of 1975. Judgment Latifur Rahman J. - This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge 3rd Court, Dha..Category: Civil Law | Date: | Hits: 89
Mojibur Rahman Sarker and others Vs. Shafiqul Islam and others, 1991, 20 CLC (HCD)
....te ‑ For the Petitioner. Not represented-the Opposite Party. Civil Revision No. 989 of 1990. Judgment Bimalendu Bikash Roy Choudhury J. - Petitioners are pre‑emptors in an application for pre‑emption under section 96 of the State Acquisition and Tenancy Act, pending before the lear...... of the pre‑emptors an application was subsequently made seeking exemption from adding the said persons. The prayer was allowed. After a lapse of about 5 months, the pre‑emptors made a prayer for amendment of the application for pre‑emption by way of addition of 113 persons as parties to the a......amendment of the application for pre‑emption. There being no appearance from the side of the opposite party, I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 313. ..Category: Procedural Law | Date: | Hits: 81
Government of Bangladesh Vs. Abdul Wahid Sheikh (dead) his heirs & others, 1990, 19 CLC (HCD)
....udgment and decree dated 30.11.67 passed by Mr. Jyotirmay Chakrabarty, Subordinate Judge, Second Court, Barisal in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedul......gment delivered by the learned Subordinate Judge also abates. The appeal is, accordingly, disposed of. There shall be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 308. ......al in Title Suit No. 108 of 1966. 2. Respondent Nos. 1‑14 instituted the suit praying for declaration of their raiyati right to the disputed land measuring 29.82 described in the schedule to the plaint, plaintiffs' case is that plaintiff No. 1 along with predecessors‑in‑interest of the plai..Category: Property Law | Date: | Hits: 77
Captain Shamsul Alam Chowdhury Vs. Shirin Alam Chowdhury, 1991, 20 CLC (HCD)
....alling upon the opposite party to show cause as to why the judgment and order dated 18.4.90 passed by the District Judge, Dhaka in Misc. Appeal No. 71 of 1990 should not be set aside. 2. The facts for the disposal of the rule are: On 28.9.87 the petitioner filed the suit No. 10 of 1987 in Fami......dinance, 1985. On receipt of the summons the defendant appeared and filed a written statement and the suit was fixed for pretrial hearing on 4.3.87. The defendant‑appellant filed an application for amendment of the written statement under Order 6 rule 17 of the Code of Civil Procedure but the Fami......rayed for a declaration that the matrimonial relation between her and the petitioner did not exist and there was matrimonial separation between them. 3. The case of the petitioner as stated in his plaint in the aforesaid suit No. 10 of 1987 in short is that he obtained Master Mariner (Certificate..Category: Family Law | Date: | Hits: 230
AHM Kamaluddin another Vs. The State, 1989, 18 CLC (HCD)
.... 338 of 1989. Judgment Fazle Hussain Mohammad Habibur Rahman J. - This is an application under section 561A of the Code of Criminal Procedure by accused petitioners. AHM Kamaluddin and MA Karim for issuing a Rule calling upon the State to show cause why the order dated 6.8.89 passed by Mr. Mun......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ......the result, the application is summarily rejected. Let a copy of this judgment be sent to the Court of the Divisional Special Judge, Dhaka. Ed. This Case is also Reported in: 43 DLR (1991) 294. ..Category: Criminal Law | Date: | Hits: 63
....sed by the learned Subordinate Judge and Commercial Court No. II, Dhaka in Title Suit No. 338 of 1984.
2. The plaintiff‑respondent, the Dhaka Dyeing and Manufacturing Company Limited, filed the aforesaid suit under section 20 of the Arbitration Act praying for an order that the arbitration agre......lt this appeal is allowed and the suit is dismissed. In view of the facts and circumstances of the case there will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 286.
......the defendant and it is directed against the 4 judgment and order dated 28‑5‑85 passed by the learned Subordinate Judge and Commercial Court No. II, Dhaka in Title Suit No. 338 of 1984.
2. The plaintiff‑respondent, the Dhaka Dyeing and Manufacturing Company Limited, filed the aforesaid suit..
Category: Alternative Dispute Resolution | Date: | Hits: 170
....ties instituted Title Suit No. 288 of 1976 in the 2nd Court of Munsif, Dhaka which was subsequently‑ transferred to the Assistant judge, Savar, Dhaka and re‑numbered as Title Suit No. 372 of 1984 for a declaration of title in the suit properties wherein the defendant petitioner was added subsequ......e of Civil Procedure against an order dated 15‑11‑1989 passed by the learned Assistant Judge, Savar, Dhaka in Title Suit No. 372 of 1984. The learned Assistant Judge by the said order allowed the amendment of the plaint in respect of schedule attached to the plaint.
2. The petitioner's case i......ure against an order dated 15‑11‑1989 passed by the learned Assistant Judge, Savar, Dhaka in Title Suit No. 372 of 1984. The learned Assistant Judge by the said order allowed the amendment of the plaint in respect of schedule attached to the plaint.
2. The petitioner's case in short is that t..
Category: Property Law | Date: | Hits: 146
Abdur Rashid Vs. State, 1990, 19 CLC (HCD)
.....89 passed by Mr. MH Bhuiyan, Sessions Judge, Barguna in Criminal Revision No. 8 of 1988 under sections 435 and 438 of the Code of Criminal Procedure. 2. The short facts of the case are that the informant Kasem Ali lodged a First Information Report in Barguna police station on 4‑7‑87 to the e......fusing to refer the case under section 438 Cr.P.C. by the impugned order. We find no merit in the case. The Rule is, accordingly, discharged. Ed. This Case is also Reported in: 43 DLR (1991) 279.......in 37 DLR 336 where it was observed as under: "Enquiry u/s 202 without the examination of the complainant u/s 200‑held illegal. Where materials on record are such that non‑examination of complaint u/s. 200 will prejudice the accused, it becomes imperative that the complainant should be exa..Category: Criminal Law | Date: | Hits: 66
....gment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff.
2. The defendants are the appellants before this Court. The plaintiff‑respondent, a limited company, instituted the aforesaid title suit ......ree as he is the purchaser of Ferdous Tannery along with its all assets wherever situated.
4. On 8.2.84 the plaintiff filed an application under Order 6, rule 17 of the Code of Civil Procedure for amendment of the plaint. In the aforesaid application he prayed for amendment to till effect that "a......el Hoque J. - This appeal is directed against the judgment and decree dated 27.5.84 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No. 952 of 1981 decreeing the suit in favour of the plaintiff.
2. The defendants are the appellants before this Court. The plaintiff‑respondent, a ..
Category: Property Law | Date: | Hits: 73
Shamsul Haque (Md.) Vs. The State, 1990, 19 CLC (HCD)
....Advocate ‑ For the Petitioner. Md. Sajjad Ali Chowdhury, Assistant Attorney General ‑ For the State. Courts Order No. 1 of 1990 Judgment Muhammad Ansar Ali J. - This is an application for condonation of delay in filing a Criminal appeal under section 30 of the Special Powers Act. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ......is, therefore, summarily rejected and consequently the petition of appeal in connection therewith is also rejected as barred by limitation. Ed. This Case is also Reported in: 43 DLR (1991) 247. ..Category: Criminal Law | Date: | Hits: 70
Marida Begum and others Vs. Moulavi Md. Hasan and others, 1989, 18 CLC (HCD)
....Opposite Parties. Judgment August 9, 1989. Cases Referred to- Dwarkanath Mandal and another Vs. Sri Gobinda Chowdhury, AIR 1929 Cal 130; Wolverhampton New Water Works Company Vs. Hawkesford, 37 LJ 248; Secretary of State Vs. Mask & Co., AIR 1940 PC 105; Rajnandan Prasad Vs. Mukh L....... The plaints of Title Suit Nos. 86 of 1973 and 94 of 1973 be rejected. The Rules are accordingly made absolute. I make no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 242....... Rules are being disposed of under this judgment as they arise out of the same facts tried in two different suits. Both the suits, being Title Suit Nos. 86 of 1973 and 94 of 1973, were brought by the plaintiffs of the suits for declaration that the orders passed by the Certificate Officer, Chittagon..Category: Civil Law | Date: | Hits: 79
Fahim Al Haque (Minor) and another Vs. Mohammad Abdul Aziz and others, 1990, 19 CLC (HCD)
....be set aside. 2. Plaintiffs are the petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Orde......e suit as expeditiously as possible preferably within six months from the date of receipt of this order if the suit is otherwise found ready. Ed. This Case is also Reported in: 43 DLR (1991) 226.......he petitioners in this application. It is their case that they filed a suit being title Suit No. 35 of 1986 in the Court of the learned Subordinate Judge, Faridpur for partitioning the suit land. The plaintiffs after filing the suit filed an application under Order 39 rules 1 and 2 of the Code of Ci..Category: Property Law | Date: | Hits: 59
Dewan Mohammad Safare Ali & others Vs. People's Republic of Bangladesh, 1990, 19 CLC (HCD)
....it No. 590 of 1981. 2. Facts giving rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for declaration of title to the suit land contending inter alia that 4 sons of Saraiat Ullah were th......ance with the principle laid down in Order XLI Rule 21 of the CPC. In the result, the rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 221.......ng the judgment and decree dated 10.7.83 and 20.7.83 passed by Munsif 1st Court, Tangail in OC suit No. 590 of 1981. 2. Facts giving rise to this Rule may briefly be stated thus: Petitioners as plaintiffs instituted the suit in the 1st Court of Munsif, Tangail being OC suit No. 590 of 1981 for..Category: Property Law | Date: | Hits: 60
Bangladesh Inland Water Transport Corporation Vs. Nazma Transport Company, 1991, 20 CLC (HCD)
....Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates ‑ For the Defendant. Admiralty Suit No. 21 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, inter alia, that plainti...... Court and the Marine Court is at liberty to proceed with the proceeding in accordance with law. There shall be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 152. ......or the Plaintiff. Khondker Mahbubuddin Ahmed with Khondker AM Mohsenuddin, Advocates ‑ For the Defendant. Admiralty Suit No. 21 of 1987. Judgment Md. Mozammel Hoque J.- In this suit the plaintiff has prayed for a decree for an amount of Tk. 22,949.00 against the defendant alleging, int..Category: Admiralty Law or Maritime Law | Date: | Hits: 164
Malik Mohammad Amin Anowar Vs. Shahjahan Mia and others, 1990, 19 CLC (HCD)
....ioner. Not represented‑ the Petitioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in Civil Revis......atus quo in respect of both movable or immovable properties in dispute. Let the matter come up in the list for hearing on 26.7.90. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 150. ......ff‑Petitioner. Not represented‑ the Petitioner‑Opposite Party. Civil Revision No. 485 of 1987. Judgment DM Ansaruddin Ahmed J.- This is an application by opposite party respondent‑plaintiff for vacating the judgment passed ex parte on 13.02.90 making absolute the Rule issued in C..Category: Procedural Law | Date: | Hits: 73
Md. Riaz Uddin Khan and another Vs. Mahmudur Rahman and others, 2010, 39 CLC (AD)
....ns Vs. The State of Maharashtra, AIR 1971 SC 221; Brahma Prakash Sharma's Case, (AIR 1954 SC 10); C.K. Daphtary V.O.P. Gupta. AIR 1971 SC 1132; Vinay Chandra Mishra, AIR 1995 SC 2348; Bridges Vs. California, 314 U.S. 252 (1941); Pennekamp Vs. State of Florida, 328 US 331-372, pennekamp Vs. Florida, ......a real impediment to the justice the Court may take exception. However in view of the Constitutional First Amendment which guaranteed freedom of press, the Supreme Court quashed the conviction. The amendment undertakes to give no rights, but it recognizes the rights mentioned as something know, un......of Tk. 100/-, in default, to suffer simple imprisonment for 1(one) day. They respondent No.2 is let off the charge with the above observations. This Case is also Reported in: 8 LG (AD) (2011) 122. ..Category: Criminal Law | Date: | Hits: 124
Provas Chandra Banik Vs. Naresh Chandra Banik and others, 2009, 38 CLC (AD)
....—For the Petitioner. Abdul Quayinn, Senior Advocate, instructed by Syed Mahbubur Rahman, Advocate-on-Record—For the Respondent No.1. Not Represented—Respondent Nos. 2-9. Civil Petition for Leave to Appeal No. 1951 of 2008 (From the judgment and order dated 13-5-2008 passed by the H......e find no substance in the submission of the learned Advocate for the petitioner. The leave petition is thus dismissed having no merit. Ed. This Case is also Reported in: 16 BLC (AD) (2011) 62. ......rsing the judgment and decree dated 19-9-2000 passed by the learned Senior Assistant Judge, Sarail, Brahmanbaria in Title Suit No.16 of 1993. 2. Facts, in short, are that respondent Nos.1 and 2 as plaintiffs brought Title Suit No. 211 of 1981 for declaration that the alleged deed of gift is illeg..Category: Property Law | Date: | Hits: 75
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