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Kabir Ahmed Sawdagar Vs. Md. Syed Saifuddin Jaheed and others, 2006, 35 CLC (HCD)

....f 1994 rejecting the application under Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and partition in the First Court of Subordinate Judge,......aside and the original suit being Miscellaneous Appeal No. 76 of 1992 be restored to its original file and number. Ed. This Case is also Reported in: 58 DLR (2006) 277, 26 BLD (HCD) (2006) 388. ......dar, Chittagong in Miscellaneous Case no 230 of 1994 rejecting the application under Order IX, rule 13 of the Code of Civil Procedure. 2. The opposite party No.1 Syed Saifuddin Mohammed Jabeed as plaintiff instituted Other Suit No 76 of 1992 for declaration of title, separate possession and part..

Category: Property Law | Date: | Hits: 115

Kazi Rashed Akhter Shahid (Prince) Vs. Rokshana Choudhury (Sanda), 2006, 35 CLC (HCD)

....e case. 2. The plaintiff-opposite party Most Rokshana Choudhury (Sanda) filed Family Suit No. 11 of 1999 in the Court of the learned Senior Assistant Judge, Sadar and Family Judge, Tangail praying for declaration that the divorce dated 22-5-1998, 22-6-1998 and 22-7-1998 is illegal and void and fo......of stay granted at the time of issuance of the Rule is hereby recalled and vacated. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 271, 26 BLD (HCD) (2006) 613. ......eal No. 37 of 2002 affirming the judgment and decree dated 17-10-2002 passed by the learned Assistant Judge and Family Judge, Sadar Tangail in Family Case No. 11 of 1999 decreeing the case. 2. The plaintiff-opposite party Most Rokshana Choudhury (Sanda) filed Family Suit No. 11 of 1999 in the Cou..

Category: Family Law | Date: | Hits: 184

MA Salam Vs. Additional District Judge & Dewlia Adalat, Chittagong and another, 2005, 34 CLC (HCD)

....as to why the impugned order No. 16 dated 20-11-2000 passed by respondent No. 1 in Bankruptcy Case No. 6 of 2000 (Annexure-D) and the subsequent proceedings in Bankruptcy Case No. 6 of 2000 pending before respondent No. 1 should not be declared to have been passed without lawful authority and to be ......nal District Judge and Bankruptcy Court, Chittagong in Bankruptcy Case No. 6 of 2000 is declared to have been passed with lawful authority. Ed. This Case is also Reported in: 58 DLR (2006) 258. ......pondent No. 1 is a Special Court constituted under section 4 of Bankruptcy Act, 1997 and the respondent No. 2 is a Nationalized Bank constituted under PO No. 26 of 1972. 3. The respondent No. 2 as plaintiff instituted Bankruptcy Case No. 6 of 2000 before the Bankruptcy Court, Chittagong impleadin..

Category: Civil Law | Date: | Hits: 131

Abi Abdullah (Md.) and others Vs. Government of Bangladesh, 2005, 34 CLC (HCD)

.... Madanpur and Madhupur under Police Station Daulatkhan, District Bhola and while they were in possession being owners of the said lands owing to serious erosion of river Meghna the whole area of the aforesaid Mauzas were washed away and diluviated in 1960-1962. 4. Ultimately, the lands of above M......der the State Acquisition and Tenancy (Amendment) Act, 1994. 9. Mr. Mahmudul Islam, learned Senior Advocate with Mr. AQM Safiullah, Advocate appearing for the writ petitioners, submits that before amendment as per section 86(4) of the State Acquisition and Tenancy Act, 1950 (EB Act, XXVIII of 195...... petitioners are concerned. In the result, the Rule is made absolute so far as it relates to the petitioners without any order as to costs. Ed. This Case is also Reported in: 58 DLR (2006) 250. ..

Category: Property Law | Date: | Hits: 99

Alimuddin and others Vs. Abdul Kabir and others, 2003, 32 CLC (HCD)

....ge, 1st Court, Kishoreganj in Title Appeal No. 372 of 1993 should not be set aside and/or pass such other or further order or orders as to this Court deems fit and proper. 2. Short facts necessary for the purpose of the Rule is that the petitioners as plaintiffs instituted Partition Suit No. 195 ......reganj for trial. 5. During the pendency of the other Class Appeal No. 372 of 1993 before the Joint District Judge, Kishoreganj, the plaintiff-petitioners filed an application on 24-6-2002 seeking amendment of their plaint under Order VI, rule 17 of the Code of Civil Procedure as per Annexure-'B'......—For the Petitioners. Shah Md. Zahurul Haque, Advocate—For the Opposite Parties. Civil Revision No. 4300 of 2002. Judgment Nozrul Islam Chowdhury J. - This Rule at the instance of the plaintiffs as petitioners, was issued under section 115(1) of the Code of Civil Procedure asking the..

Category: Procedural Law | Date: | Hits: 93

Executive Engineer, Sylhet Public Works Department Vs. Md. Asob Ali, 2005, 34 CLC (HCD)

....……………………………………………….Opposite Party. Judgment August 17, 2005. Case Referred to- 2 MLR (AD) 109. Lawyers Involved: Md. Azizul Haque, with Md. Jafor Ali. Assistant Attorney-General and Md. Iqbal Hossain, Assistant Attorney-General—For the Peti......o costs. The order of stay passed at the time of issuance of the Rule is hereby vacated. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 58 DLR (2006) 236. ......g the judgment and decree dated 26-6-2004 (decree drawn on 28-6-2004) passed by the Assistant Judge, Biyani Bazar, Sylhet in Title Suit No. 53 of 2004 dismissing the suit. 2. The opposite party as plaintiff instituted the instant title suit for a decree of permanent injunction restraining the def..

Category: Business or Commercial Law | Date: | Hits: 209

Golap Vs. Md. Abdul Hakim & others, 2002, 31 CLC (HCD)

....n of impugned order dated 6-10-98 passed in Title Suit No. 59 of 1996 by the Assistant Judge, Muktagacha Court, Mymensingh so far it relates to passing an order of abatement and allowing the petition for substitution of the legal heirs of the deceased defendant is concerned should not be set aside o......f defendant No. 3 and prayed for passing an order for abatement. Subsequently, on 27-4-98 the plaintiffs filed an application under Order I, rule 10 and section 151 of the Code of Civil Procedure for amendment of the plaint and to strike off the name of defendant No. 3 from the plaint and to include......is concerned should not be set aside or such other or further order or orders passed as to this Court may seem fit and proper. 2. Before the issuance of the Rule delay of 29 days was condoned. The plaintiff-opposite party filed the suit for declaration of title and khas possession of the suit lan..

Category: Procedural Law | Date: | Hits: 106

AHM Khurshed Ali & others Vs. Md. Hashem Ali and others, 2006, 35 CLC (HCD)

....tially heard by a Division Bench comprising Mr. Justice ABM Khairul Haque and Mr. Justice ATM Fazle Kabir and a preliminary question of law arose as to the maintainability of revisional application before the District Judge against an order passed by the Subordinate Judge in a suit the valuation of ......h comprising Mr. Justice Md. Arayesuddin and Mr. Justice SM Emdadul Hoque in the Judgment dated 2-7-2005 in Civil Order No. 2345 of 2005 and their Lordships expressed the view that in view of the 3rd amendment of the Code of Civil Procedure (Act No. 40 of 2003) the learned District Judge under secti......the suit in pursuance of an application the defendant opposite party No. 9 was impieaded as defendant by an order dated 13-2- 2005 and the said defendant began to interfere with the possession of the plaintiff and, as such, an application was filed on behalf of the plaintiffs praying for an order of..

Category: Procedural Law | Date: | Hits: 90

HRC Shipping Ltd. Vs. MV X-Press Manaslu, MV X-Press Resolve & others, 2006, 35 CLC (HCD)

....…..Plaintiff Vs. MV X-Press Manaslu, MV X-Press Resolve & others………Defendants. Judgment February 6, 2006. Result: The vessels MV X-Press Manaslu and MV X-Press Resolve forthwith be released from arrest. Words and phrases Act of God A loss occasioned by an A......the Agreement under the heading "Clause Paramount" provides that the Agreementshall have effect subject to the provisions of theHague Rules as amended by the Brussels Protocoldated 23-2-1968 (Visibly amendment). 15. The original Hague Rules was the outcome of an International Conference on Mariti......Manaslu and MVX-Press Resolve dated 18-12 2005 and for releaseof the same. 2. The suit which has been filed under the admiralty jurisdiction of this Court discloses the following facts: 3. The plaintiff carries on business as a carrier of goods in containers and also acts as a feeder operator..

Category: Admiralty Law or Maritime Law | Date: | Hits: 314

Government of Bangladesh represented by the DC, Comilla Vs. Md. Eakub and others, 2004, 33 CLC (HCD)

....st the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, which decreed the suit. 2. Respondent No. 1 as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sale of the suit land along with shops ther......Industries is now obliged to return the money received in respect of schedule-1 (kha) property to the plaintiff. Send down the LCR at once. Ed. This Case is also Reported in: 58 DLR (2006) 176. ......the Deputy Commissioner at Comilla against the decree dated 29-7-98 passed by Subordinate Judge, Court No. 1 at Comilla in Title Suit No. 58 of 1997, which decreed the suit. 2. Respondent No. 1 as plaintiff on 3-9-97 instituted the suit for specific performance of a contract dated 16-1-95 for sal..

Category: Property Law | Date: | Hits: 159

Mainul Hosein and others Vs. Anwar Hossain and others, 2003, 32 CLC (HCD)

....Ittefaq Group of Publications Ltd., should not be declared to have been made illegally and without lawful authority and is of no legal effect. 5. The broad facts leading to the issuance of the aforesaid Rules are substantially the same which are shortly stated as under: Ittefaq Group of......Auditor-General. Election Commissioner and Members of the Public Service Commission (Mr. Islam has inadvertently omitted the offices of Chief Adviser and Adviser which have been added in this list by amendment) may perform their duties free of any consideration except that of the public interest. Ar...... or adequate, and where the wrong complained of is so inextricably mixed up that the High Court Division may for the prevention of public injury and the vindication of public justice, examine that complaint. It is needless to add that the High Court Division is to see that the aggrieved person must ..

Category: Information Technology Law | Date: | Hits: 324

Jahangir Hossain Howlader (Md.) Vs. CMM, Dhaka and others, 2004, 33 CLC (HCD)

....desh was issued calling upon the respondents to show cause as to why the impugned criminal proceedings being BACGR Case No. 9 of 2002 arising out of Sabujbag PS. Case No. 27 dated 16-1-2002 pending before the Chief Metropolitan Magistrate so far as it relates to the petitioner should not be declared......e first owner. Cargo Movers did not deny the ownership. Under section 45 of the Customs Act, any mistake in the import general manifest (1 GM) can be corrected; and, as such, there was possibility of amendment of the 1 GM within 45 days. The petitioner was not authorized by law to take any step in r......guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. 1. Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie..

Category: Criminal Law | Date: | Hits: 158

Sushovan Guha and others Vs. Mahbubul Mannan Chowdhury and others, 2005, 34 CLC (HCD)

.... the learned Additional District Judge, Bankruptcy Court. Chittagong. in Civil Revision No. 88 of 2004 in issuing notices upon the opposite party No. 1 to 3 by the learned District Judge, Chittagong, for the selfsame application for stay. 2. The petitioners as plaintiffs instituted the other Suit...... to 3 and 7 to 9 dispossessed the plaintiffs from the 'Kha' scheduled land forcibly on 3-5-2003 and as a result of which the plaintiffs sought for the relief for recovery of khas possession by way of amendment of the plaint. 5. It is further stated that the plaintiff filed an application on 15-9-......e. Advocates —For the Opposite Parties. Civil Revision No. 1822 of 2004. Judgment Siddiqur Rahman Miah J.- This Rule under section 115 (4) of the Code of Civil Procedure at the instance of plaintiffs-petitioners is directed against the order dated 22-5-2004 passed by the learned Additiona..

Category: Procedural Law | Date: | Hits: 77

Md. Bazlur Rashid Vs. Bangladesh, 2008, 37 CLC (AD)

.... Parliamentary Affairs and others, 16 BLD (AD) 110. Lawyers Involved: Mohammad Hossain, Advocate, instruct­ed by A. K. M. Shahidul Huq, Advocate-on-record-For the Petitioner. Civil Petition for Leave to Appeal No. 474 of 2007. Judgment Md. Tafazzul Islam J.- This petition for leave t......undamental rights guaranteed under the constitution of the People's Republic of Bangladesh. 6. As it appears in 51 DLR (AD) 152 the Appellate Division held as follows: "13. It is found from the amendment on 10-01-1993 that in sub-rule (2) of Rule 10 of Rules, 1995, a provision was added to the......ecision and there is no illegality or infir­mity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 8 LG (AD) (2011) 53. ..

Category: Civil Law | Date: | Hits: 105

M/S. G. K. Brothers and another Vs. M/S. Imperial Chemical Industries Bangladesh Limited, 2011, 40 CLC (HCD)

....decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতএব বাদী নিন্মমতে প্রার্থ......the suit land in favour of appellants through court. The office is directed to send down the lower Court’s record at once. Md. Rais Uddin J.- I agree. Ed. This Case is also Reported in: ...... is directed against the judgment and decree dated 02.11.1996 passed by the learned Sub-ordinate Judge, 3rd Court, Chittagong in Other Suit No. 100 of 1995 decreeing the suit. 2. The respondent as plaintiff instituted the suit seeking for the following relieves; অতএব বাদী নি..

Category: Property Law | Date: | Hits: 110

Bangladesh Legal Aid and Services Trust (BLAST) and another Vs. Bangladesh, 2010, 39 CLC (HCD)

....f 1999 by Nari-o-Shishu Nirjatan Daman Bishesh Adalat, Manikganj purportedly under section 6(2) of the Nari-o-Shishu Nirjatan (Bishesh Bidhan) Ain, 1995 (Act of XVIII of 1995) should not be brought before this Court so that it may satisfy itself that the petitioner is not being held in custody witho......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ......a copy of this judgment be communicated at once. Sheikh Abdul Awal J. - I agree. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 194; 15 MLR (HCD) (2010) 145; 30 BLD (HCD) (2010) 194. ..

Category: Criminal Law | Date: | Hits: 128

Shakainath Mohanta Vs. Md. Tatikuddin Mondal and others, 1999, 28 CLC (HCD)

....against the order dated 30-4-94 passed by the Subordinate Judge, Naogaon in Miscellaneous Case No.80 of 1992 under Order 43 rule 1(k) of the Code of Civil Procedure rejecting the appellant’s prayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting asid......hin 6 months from date of the receipt of this order. Communicate the order of the Court to the learned Subordinate Judge, Noagaon at once. Ed. This Case is also Reported in: 52 DLR (2000) 541.......rayer for substitution of the heirs and heiresses of deceased defendant No.17 Nur Mohammad on setting aside abatement. 2. Short facts relevant for the purpose of the case are that the appellant as plaintiff instituted, a suit before the Subordinate Judge, Naogaon for declaration of title in the s..

Category: Property Law | Date: | Hits: 73

Habib Bank Ltd. Vs. Eastern Bank Limited and another, 1999, 28 CLC (HCD)

....Respondent Opposite Party. MA Halim with AM Moniruzzatnan Lasker Advocates—For the Respondent Opposite Party. FAT No. 358 of 1999. Judgment Md. Mozammel Hoque J.- This is an application for acceptance of Bank Guarantee with respect to deposit of half of the decretal amount to the Court......any person is aggrieved by decree passed by the Artha Rin Adalat the appellant shall deposit 50% of the decretal amount to the trial Court and without such deposit no appeal could be preferred. By an amendment dated 17th July, 1992 sections 6 and 7 of the Artha Rin Adalat Act have been amended in th...... preferring appeal before the High Court Division against the final decree dated 7-4-1998 passed in Money Suit No.88 of 1994 by the Artha Rin Adalat No.3, Dhaka. 6. The Eastern Bank Limited is the plaintiff-respondent and this plaintiff-respondent instituted Money Suit No.88 of 1994 in the afores..

Category: Civil Law | Date: | Hits: 87

Agrani Bank Vs. W Rahman Jute Mills Ltd. and ors., 1998, 27 CLC (HCD)

....dalat No.1, Dhaka in Money Execution Case No. 44 of 1997 should not be set aside. 2. The short fact leading to this Rule is that, the petitioner as plaintiff instituted Money Suit No.412 of 1986 before the learned Subordinate Judge and Commercial Court No.1 Dhaka for a decree of Taka 1,83,22,601/......ection 151 of the Code of Civil Procedure. 4. None appeared to oppose the Rule when we took up the matter last evening. 5. Admittedly the decree was passed by the Artha Rin Adalat and after the amendment on the Artha Rin Adalat Ain the same Court is competent to execute the decree and it has b......by the learned Subordinate Judge, and Artha Rin Adalat No.1, Dhaka in Money Execution Case No. 44 of 1997 should not be set aside. 2. The short fact leading to this Rule is that, the petitioner as plaintiff instituted Money Suit No.412 of 1986 before the learned Subordinate Judge and Commercial C..

Category: Civil Law | Date: | Hits: 108

Abdur Rahim Chowdhury Vs. Bangladesh Bank, Dhaka and others, 1997, 26 CLC (HCD)

....days, as to why appropriate action shall not be taken against him. On hearing the said Rule in part this Court found that the petitioner has filed an appeal under section 48 of the Bank Company Act before the Board of Directors of Bangladesh Bank against the directive not to function as the Managing......1991. A copy of the decision Annexure-I has been filed before this Court. In view of the said decision by the Board of Directors of Bangladesh Bank the petitioner has filed an application praying for amendment of the prayer in his suit petition. It is prayed that this Court may be pleased to allow t......n the prayer of the petitioner let the operation of the order be stayed for 4 days to enable the petitioner to move the Appellate Division. Ed. This Case is also Reported in: 51 DLR (1999) 231. ..

Category: Employment/Service Law | Date: | Hits: 79