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Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)

....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......em Mominur Rahman J Md. Muzammel Hossain J Surendra Kumar Sinha J Janata Insurance Company Ltd..........................Appellant (In all the cases). Vs. M/s. Islam Steel Mills Limited and another......Respondents (In Civil Appeal No. 63 of 2002). M/s. Karnaphuli Cotton Mills Limi......ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......decreeing the suits. 2. Respondent No. 1 in Civil Appeal No. 63 of 2002 is M/s. Islam Steel Mills Limited, and the respondent No.1 in the other two appeals is M/s. Karnaphuli Cotton Mills Limited (plaintiffs), who instituted Money Suit Nos. 44, 45 and 46 of 1994 for recovery of Tk. 28,03,624.45, ..

Category: Business or Commercial Law | Date: | Hits: 212

Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)

.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......………………………………..Petitioner Vs. Naim Ara Begum..................Opposite Party Judgment April 30, 2003. Case Referred To- Subrati-appellant vs Kunz Behari Lal and others respondent, AIR 1946, Allahabad 403. Lawyers Involved: Golam Mostafa, Advocate-For ...... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......from the month of January, 1994. Subsequently, he started depositing Taka 1,000 in place of Taka 1,500 as monthly rent to the Rent Controller in an irregular manner. So, he became a defaulter and the plaintiff had no contractual obligation to allow the defendant to retain possession of the property ..

Category: Property Law | Date: | Hits: 28

Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)

.... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149........ This Case is also Reported in: 56 DLR (2004) 149....... Subordinate Judge is directed to hear and dispose of both the suits together, expeditiously, in accordance with law. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 149.......te Judge, Second Court at Sylhet in Title Suit No. 118 of 1999 which rejected an application made under section 10 of the Code. 2. Short facts for disposal of the Rule are, that the petitioners as plaintiff instituted Title Suit No. 67 of 1992 in the Second Court of Subordinate Judge at Sylhet ag..

Category: Procedural Law | Date: | Hits: 65

Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)

....ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......ead the Judgment of Appellate Division here. Supreme Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Shamim Hasnain J Ekushey Television Ltd. and another............... Petitioners Vs. Bangladesh and others ............................R......ons made and the findings given by us in this judgment will have no bearing in disposing of the suit now awaiting disposal in the court below. Ed. This Case is also Reported in: 56 DLR (2004) 91.......n the court of the joint District Judge, 4th Court, Dhaka for the following reliefs: "(1) Declaring that Mr. Nasir A Chowdhury representing ETV is the legally elected Chairman of ETV, (2) that plaintiff No. owner of the ETV is the rightful equipment seized by the defendants vide Memo No. প..

Category: Information Technology Law | Date: | Hits: 230

Salauddin Jamil Vs. Amjad Ali Khan and another, 2004, 33 CLC (HCD)

.... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ......Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Siddiqur Rahman Miah J Salauddin Jamil....................................Petitioner Vs. Amjad Ali Khan and another .................Opposite Parties Judgment January 21, 2004. Case Referred To-...... with cost. Order of stay granted at the time of issue of file Rule on 19‑1‑2001 is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 87. ...... time and time was granted till 4‑9‑2001. On 4­9‑2001 the petitioner filed a bank guarantee but prayed for time to file objection to the award, copy of which was received with objection by the plaintiff. The Court, however, rejected the prayer as the objection could not be filed within time a..

Category: Alternative Dispute Resolution | Date: | Hits: 161

Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)

....lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......is Case is also Reported in: 56 DLR (2004) 82. ......lled and vacated, learned Joint District Judge is directed to proceed expeditiously with the proceedings pending before him. Communicate. Ed. This Case is also Reported in: 56 DLR (2004) 82. ......No. 10 dated 8‑10‑2001 passed by Joint District Judge, Court No. 1 at Gazipur in Miscellaneous Case No. 26 of 2001, which allowed a prayer for inspection of the suit land. 2. Opposite party as plaintiff on 8‑8‑2001 instituted Title Suit No. 145 of 2001 against the defendants for a decree ..

Category: Property Law | Date: | Hits: 26

Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)

....is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55.......nce. Ed. This Case is also Reported in: 56 DLR (2004) 55.......is directed to make the payment under the letters of credit in question to the Premier Bank without any further delay. Communicate at once. Ed. This Case is also Reported in: 56 DLR (2004) 55....... No. 1673 of 2003 with Civil Revision No. 1674 of 2003. Judgment Md. Abdur Rashid J.- Defendant No. 5, the Standard Bank, obtained the Rules against similar orders, by which applications of the plaintiffs for temporary injunction were rejected and earlier order of status quo vacated. As the is..

Category: Civil Law | Date: | Hits: 100

Noor Mohammad Vs. Md. Noor Hossain & another, 2002, 31 CLC (HCD)

.... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ......rty No. 2. Civil Revision No. 2517 of 2001. Judgment Bijan Kumar Das J.- This Rule was issued calling upon the Opposite Parties to show cause as to why the impugned order dated 8‑2‑2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title S...... Title Suit No. 238 of 2000 now pending in the Court of the 4th Additional Assistant Judge, Dhaka is vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 53. ......2000 and 10‑2‑2000 respectively passed by the Assistant Judge, 5th Additional Court, Dhaka in Title Suit No. 8 of 1999 allowing addition of party should not be set aside. 2. The petitioner as plaintiff instituted Title Suit No. 49 of 1998 in the Court of the Assistant Judge, 6th Court, Dhaka..

Category: Tenancy Law | Date: | Hits: 171

Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)

....in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470.......CJ Md. Abdul Matin J Md. Abdul Aziz J Uttara Bank Limited represented by its Managing Director, 94, Motijheel C/A, Dhaka-1000.............................Appellant Vs. Syed Abidur Reza and others........................................Respondents Judgment April 8, 2009. Resu......in the aforesaid decision and no further discussion is called for and accordingly the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 470........2004 passed by the High Court Division in Civil Revision No. 3942 of 1991 (Dhaka)/No.122/88 (Sylhet) discharging the rule. 2. The facts, in short, are that the respondent No.1 Syed Abedur Reza as plaintiff instituted Title Suit No.97 of 1982 in the 1st Court of Munsif (now Assistant Judge) Sadar..

Category: Employment/Service Law | Date: | Hits: 95

Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)

....f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......ah Abu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Mr. Quazi Faruque Ahmed…………………………….Petitioner Vs. M. A. Wadud and others................................Respondents Judgment August 8, 2010. Lawyers Invo......f the High Court Division shall remain in force till disposal of the suit. This petition is disposed of with the above observations. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 467.......s-quo till disposal of the suit. In the operating portion of the judgment the High Court Division made the following directions: "The defendant-opposite parties cannot create any hindrance, if the plaintiff-petitioner alone wants to enter the office of the PROSHIKA and to take sit with the presen..

Category: Civil Law | Date: | Hits: 75

Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)

....end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......on accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......end down the original case records at once with a copy of this judgment to the learned District Judge, Dhaka for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)375.......urt, Dhaka in Title Appeal No. 457 of 1990, affirming the judgment and order dated 6-11-1990 passed by Assistant Judge, 6th Court, Dhaka in Title Suit No. 147 of 1990, rejecting the plaint. 2. The plaintiff-petitioner preferred this Revisional application mainly on the grounds, among others, that..

Category: Trust/Waqf Law | Date: | Hits: 187

Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)

....e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......t High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Moinuddin Ahmed alias Farook …………………………….Petitioner Vs. Khursheda Begum and others………………. Opposite-Parties Judgment June 18, 2001. Lawyers Involved: ......e in respect of one-third portion of schedule “Ka” property. The order of status quo earlier passed by this court is hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002) 354. ......cree dated 16-2-98 passed by the learned Additional Assistant Judge, Second Court, Dhaka in Title Suit No. 96 of 1995. 2. Brief facts for disposal of the Rule are that the opposite-party No. 1, as plaintiff, instituted the above Title Suit No. 96 of 1995 stating, inter alia, that by deed of gift ..

Category: Property Law | Date: | Hits: 32

Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)

....is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ...... High Court Division (Civil Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Abdul Mannan (Md) ……………………Petitioner Vs. Swaraj Roy and others ………………..Opposite-Parties Judgment December 5, 2001. Cases Referre......is affirmed. No order as to costs. The order of stay granted at the time of issue of the Rule is hereby re-called and vacated, Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 352. ......mail, Advocate—For the Petitioner. Harendra Nath Nondy, Advocate—For Opposite party No. 1. Civil Revision No. 2467 of 2000. Judgment Md. Abdur Rashid J.- This Rule was obtained by the plaintiff upon making a revision application under section 115 of the Code of Civil Procedure agains..

Category: Property Law | Date: | Hits: 31

Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)

....f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267.......Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Iftikhar Rasool J Amir Hossain Bhuiya (Md)…………………Petitioner Vs. Harisul Haq Bhuiya and others………...Opposite-Parties Judgment May 24, 1999. Cases Referred To- Abu Ba......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267....... dated 13-11-1997 passed by the Senior Assistant Judge, Narsingdi in Title Suit No. 29 of 1997 decreeing the suit. 2. Facts relevant for disposal of the Rule, in short, are that, the petitioner as plaintiff brought above suit against the defendants on the averments made in the plaint that he is a..

Category: Labour and Industrial Law | Date: | Hits: 99

Mirpur Mazar Co-operative Market Society Ltd. Vs. Ministry of Works, Government of People’s Republic of Bangladesh and others, 1999, 28 CLC (HCD)

....) Ltd. registered on 6-4-93 is null and void. Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 263. ......sent: Md. Golam Rabbani J Md. Latifur Rahman J Mirpur Mazar Co-operative Market Society Ltd…………Plaintiff Vs. Ministry of Works, Government of People’s Republic of Bangladesh and others……Defendants Judgment February 1st, 1999. Lawyers Involved: Dr. Kamal H......) Ltd. registered on 6-4-93 is null and void. Let a copy of the judgment be sent t the Ministry of Law and Parliamentary Affairs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 263. ......he City of Dhaka on a land of about three bighas leased out by the Government to the Society vide a registered deed of lease dated 24-4-81. Suit land measuring 1002 square yards is to the east of the plaintiffs said market and is described as ‘Car park’ in the master plan. Shop owners of the mar..

Category: Property Law | Date: | Hits: 72

Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)

....d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......ry action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ......d down the original records at once with a copy of this judgment to the learned District Judge, Chittagong for necessary action accordingly. Ed. This Case is also Reported in: 54 DLR (2002)348. ...... Family Court has been constituted under the Muslim Family Laws Ordinance 1961 only for the Muslim Community, hence the trial Court below committed error of law by decreeing the suit in favour of the plaintiff who is a member of the Hindu Community and, as such, the Family Court and the trial Court ..

Category: Family Law | Date: | Hits: 186

Mirza Abdul Bari Beg and Others Vs. Zahidannessa and others, 2001, 30 CLC (HCD)

....d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......d. The executing Court is directed to proceed with the execution by issuing again the writ for delivery of possession to the decree-holders. Ed. This Case is also Reported in: 54 DLR (2002)344. ......istant Judge at Sadar in Rangpur Other Execution Case No. 2 of 1997. 2. Short facts for disposal of the Rule are on 13-5-81 opposite party No.1 and the predecessor of opposite party Nos. 2 to 7 as plaintiffs instituted Other Suit No. 246 of 1981 for declaration of title and partition for separate..

Category: Property Law | Date: | Hits: 29

Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)

.... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......eme Court High Court Division (Civil Revisional Jurisdiction) Present: Md. Tafazzul Islam J Sikder Maqbul Huq J Pubali Bank Ltd……………………..Petitioner Vs. Mazid and Co. and others................ Opposite Parties Judgment December 3, 2000. Cases Ref...... cost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 340.......y the learned Subordinate Judge, Artha Rin Adalat, Narayanganj in Bandhaki Case No. 93 of 1992 by which the ex parte decree passed on 16-3-93 in the said suit, was set aside. 2. The petitioner, as plaintiff, filed the aforesaid suit against the defendant opposite parties praying for realisation o..

Category: Civil Law | Date: | Hits: 93

Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)

....th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......l Revisional Jurisdiction) Present: Md. Abdur Rashid J Hasan Foez Siddique J Shan Hosiery …………………………Petitioner Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others ……………………Opposite Parties Judgment January 28, 2002. Lawyers ......th the suit in accordance with law. Order of stay as granted at the time of issue of the Rule is hereby recalled and vacated. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 291.......vocates—For the Petitioner. Probir Halder, Advocate—For Opposite Party Nos.1, 2 & 5. Civil Revision No. 3748 of 2000. Judgment Md. Abdur Rashid J. - This Rule was obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Ti..

Category: Property Law | Date: | Hits: 31

Ramesh Chandra Chowdhury @ Das Vs. Naresh Chandra Das @ Chowdhury, 1999, 28 CLC (HCD)

....te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......hingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......te of receipt of this order. Let a copy of this order be forwarded to the Court of the learned Subordinate Judge Narshingdi at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 227.......rdinate Judge directed one Ramesh Chandra Das @ Chowdhury to be present in court to prove a Power-of-Attorney executed by him. The short facts leading to this Rule are that the opposite party No.1 as plaintiff instituted Title Suit No.14 of 1993 in the Court of the learned Assistant Judge, Narshingd..

Category: Property Law | Date: | Hits: 39