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Norendra Chandra Dash and others Vs. Md. Solaiman Chowdhury & others, 1997, 26 CLC (HCD)

....party Nos.1 to 4 to show cause as to why the order dated 2-3-91 passed by the Additional Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.67 of 1990 rejecting the petitioner’s application for amendment of the plaint. 2. Petitioners as plaintiffs instituted Title Suit No. 67 of 1990 in......y Nos.1 to 4 to show cause as to why the order dated 2-3-91 passed by the Additional Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.67 of 1990 rejecting the petitioner’s application for amendment of the plaint. 2. Petitioners as plaintiffs instituted Title Suit No. 67 of 1990 in the......how cause as to why the order dated 2-3-91 passed by the Additional Assistant Judge, Chandpur Sadar, Chandpur in Title Suit No.67 of 1990 rejecting the petitioner’s application for amendment of the plaint. 2. Petitioners as plaintiffs instituted Title Suit No. 67 of 1990 in the Court of Additio..

Category: Property Law | Date: | Hits: 98

Muhammadullah Vs. Sessions Judge and others, 1998, 27 CLC (HCD)

....s Rule was issued calling upon the respondents to show cause as to why the order date 26th November 1996 passed by the respondent No.1, Sessions Judge, Noakhali, in Miscellaneous Case No. 353 of 1996 for fresh trial of GR Case No.1 of 1983 of the Court of Magistrate, 1st Class, Noakhali should not b...... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374....... the premises we do not find any illegality in the impugned order. Accordingly, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 374...

Category: Criminal Law | Date: | Hits: 56

Kala Miah Vs. Gopal Chandra Paul and others, 1998, 27 CLC (HCD)

....t fact leading to this appeal is, that the appellant as plaintiff instituted Title Suit No. 63 of 1985 in the Court of the Subordinate Judge, Chandpur impleading the respondents as defendants praying for declaration of title by adverse possession in respect of the suit land described in schedule to ......tion Case No. 15 of 1987 of the Court of the Subordinate Judge, Chandpur stands vacated. Send down the Lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 77. ......handpur in Title Suit No. 63 of 1985. By the impugned judgment dated 30-6-1986 the learned Subordinate Judge, dismissed the suit. 2. The short fact leading to this appeal is, that the appellant as plaintiff instituted Title Suit No. 63 of 1985 in the Court of the Subordinate Judge, Chandpur imple..

Category: Property Law | Date: | Hits: 51

QC Shipping Limited and another Vs. Chittagong Port Authority and others, 1998, 27 CLC (HCD)

....d ors, 1977 (SC) 1496 and State of Punjab vs. Balbir Singh and ors, at page 1717; ATM Mehtab Majid and Co. vs. State of Madras and another 1963 (SC) 928. Lawyers Involved: Rafique-ul-Huq with Zaforullah Chowdhury and Hasanul Karim, Advocates — For the Petitioners. Habibul Islam Bhuiyan wi......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ......esult, I make this Rule absolute without any order as to costs. The order of stay is consequently disposed of as being infructuous. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 64. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 583

Habibur Rahman Paikar (Md.) Vs. Gour Gopal Datta and others, 1998, 27 CLC (HCD)

....side the judgment and decree dated 29-6-1983 passed by the Second Court of Munsif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a...... the merit of the appeal before him and without spelling out the specific formal defects in the suit for which it was destined to failure and that the said defects could not be removed even by way of amendments of the plaint. It appears that the learned trial Court dismissed the suit not only on the......sif, Bogra in Other Class Suit No.153 of 1977 dismissing the suit has been called in question. 2. Short facts relevant for the purpose of the case are that, petitioner Md. Habibur Rahman Paikar as plaintiff instituted a Suit in the 2nd Court of Munsif, Sadar Bogra, being, other Class Suit No.157 ..

Category: Property Law | Date: | Hits: 88

Basihur Rahman Biswas Vs. Md. Hanif Ali Biswas & others, 1999, 28 CLC (HCD)

....f 1983, should not be set aside. 2. The plaintiff-petitioner filed a suit being Title Suit No.19 of 1983 in the Court of Munsif, Second Court Khulna, against the defendant opposite parties praying for declaration of his title in the suit land contending inter alia, that 0.47 acre of land mentione......e places of corrections. Accordingly, the Rule is discharged but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 346. ......cates—For the Opposite Parties. Civil Revision No. 2527 of 1991. Judgment ABM Khairul Haque J.- This Rule was issued under section 115 of the Code of Civil Procedure at the instance of the plaintiff-petitioner calling upon the defendant opposite party No.1, to show cause as to why the jud..

Category: Property Law | Date: | Hits: 72

Akhter Hossain (Md.) Vs. State, represented by the Deputy Commissioner, 1998, 27 CLC (HCD)

....g in the 5th Court of Additional Sessions Judge, Dhaka should not be quashed or such other or further order or orders passed as to this Court may seem fit and proper. 2. Facts, in short, necessary for the purpose of disposal of this Rule may be summed up as follows: Mr. Chowdhury Fakruzzaman, ......y a Sub-Inspector of Police which is contrary to the above provision of law. Mr. Mahmud Hossain, the learned Assistant Attorney-General for the opposite party for the State, failed to show any recent amendment of section 5A of the Prevention of Corruption Act, 1947 authorising a sub-inspector of pol......y of the judgment if so desired or advised. Send a copy of this judgment to the concerned court for information and necessary action. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 40...

Category: Criminal Law | Date: | Hits: 62

Dijalal Majumder Vs. Munshi Bodiul Alam and others, 2010, 39 CLC (AD)

....wyers Involved: Ibrahim Khalil, Advocate-on-Record- For the Petitioner Nurul Islam Bhuiyan, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-14. Civil Petition for Leave to Appeal No.1786 of 2009. (From the judgment and order dated 26.05.2009 passed-by the ......n record and in accordance with law. Thus we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2011) 12....... passed by the learned Senior Assistant Judge, 1st Additional Court, Noakhali, decreeing the Title Suit No.188 of 1988 declaring that the ex parte decree obtained by the defendant No.1 of the suit as plaintiff in Title Suit No. 808 of 1977 so far relates to the suit land is collusive, fraudulent and..

Category: Property Law | Date: | Hits: 71

Syed Muhammad Mashiur Rahman Vs. President of Bangladesh and others, 1996, 25 CLC (HCD)

.... others…………………..Respondents Judgment July 25, 1996. Lawyers Involved: Syed Muhammad Mashiur Rahman, Petitioner in person. Abdul Wadud Bhuiyan, Additional Attorney General-for the respondents. Writ Petition No. 1729 of 1996. Judgment Md. Mozammel Haque J.- This i......ed as Constitution 13th Amendment Act, 1996. 2. In a lengthy writ petition he has stated many things about the Constitution and other matters. But as we have understood he has challenged this 13th amendment on the ground that by enactment of this Act of 13th Amendment, Article 56 of the Constitut...... find any reason to interfere with this 13th Amendment Act, we do not find any merit in this application and accordingly it is summarily rejected. This Case is also Reported in: 17 BLD (1997) 55. ..

Category: Constitutional Law | Date: | Hits: 199

Md. Anowar Hossain and others Vs. Bangladesh Jute Corporation and others, 2010, 39 CLC (AD)

.... Zainul Abedin, Advocate-in-on-Record- For Respondent No. 5. Md. Aftab Hossain, Advocate-on-Record- For Respondent No. 1. Not represented- Respondent Nos. 2-4 & 6-37. Civil Petition for Leave to Appeal No. 2499 of 2009. (From the judgment and decree dated 20.08.2009 passed by th......ourt Division, quoted hereinabove, we do not find any substance in the leave petition. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 16 MLR (AD) (2010) 6. ...... and decree dated 25.08.1998 passed by the learned Subordinate Judge (now Joint District Judge), 1st Court, Narayanganj, decreeing the Title Suit No.10 of 1997 in part. 2. The leave petitioners as plaintiffs filed the Title Suit No.10 of 1997 for declaration of their title through adverse possess..

Category: Property Law | Date: | Hits: 58

Fatema Khatun Vs. Wach Khatun and others, 1998, 27 CLC (HCD)

....galnaya in Title Suit No. 21 of 1984. 2. Facts, in brief, are that the appellant as plaintiff instituted Title Suit No.21 of 1984 in the 1st Court of the learned Munsif, Feni (now Assistant Judge) for partition of the suit properties stating, inter alia, that the Suit property belongs to Monsur A......rned Subordinate Judge 1st Court, Feni in Miscellaneous Case (Review) No.55 of 1995 is set aside. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 28. ...... Munir, Advocates — For the Respondents. Appeal from Original Order No. 98 of 1996. Judgment Amirul Kabir Chowdhury J. - This First Miscellaneous appeal is directed at the instance of the plaintiff appellants challenging the judgment and order dated 19-5-96 passed by Mr. Md. Muniruzzaman..

Category: Property Law | Date: | Hits: 59

Kazi Obaidul Haque Vs. State, represented by Deputy Commissioner, 1998, 27 CLC (HCD)

.... 24-10-92 in respect of the petitioner without obtaining sanction from the Government should not be quashed. 2. The relevant facts, in short, are that, one Md. Ali Baksh Pramannik lodged a first information report with the Tanore Police Station on 18-11-91 alleging, inter alia, that on the night ......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25.......e Station Case No. 2 dated 18-11-91 is hereby quashed and the Rule is made absolute. The petitioner is discharged from his bail bond. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 25...

Category: Criminal Law | Date: | Hits: 50

Fatema Begum Vs. The Artha Rin Adalat, Narayangonj and others, 2010, 39 CLC (HCD)

....e. Judgment November 11, 2010. Case Referred to- Md. Delwar Hossain Vs. Bangladesh and others, 24 BLD (HC) 323. Lawyers Involved: Abdur Razzaq with Shahjada Al-Amin Kabir, Advocates-for the Petitioner. M. Shafiullah, Advocate-for Respondent No. 2. M.A. Samad with M.G.H. Ruhul...... copies there for. The office is directed to send a copy of this judgment to the Artha Rin Adalat, Narayangonj at once. Nazmun Ara Sultana J.- I agree. Ed. This Case is also Reported in: ......and therefore, the impugned order rejecting the petitioner’s application without deposition of 25% of the deccretal amount was illegal and without lawful authority. 7. He also submitted that the plaint in the mortgage suit with no specification of the mortgaged land was not in conformity with s..

Category: Civil Law | Date: | Hits: 183

Md. Chinimuddin Malitha Vs. Rahejan Bibi, 2011, 40 CLC (HCD)

....Rahejan Bibi since deceased substituted by her legal heirs Md. Sukur Ali Shaikh and another ... ……………Opposite Parties Judgment January 2, 2011. Lawyers Involved: No one appears for either of the parties. Civil Revision No.8346 of 1991 Judgment Md. Ruhul Quddus J. - T......the reasons stated above, I don’t find any substance in the Rule. Accordingly the Rule is discharged. Send the record to the Court below immediately. Ed. This Case is also Reported in: ......leading to this civil revision, as it appears from the record, are that the predecessor-to-interest of the opposite parties, Rahejan Bibi (through her next friend and husband Md. Sukur Ali Shaikh) as plaintiff instituted Other Class Suit No. 22 of 1985 in the Court of Munsif (now Assistant Judge), B..

Category: Property Law | Date: | Hits: 54

MA Qasem Vs. Subordinate Judge, Artha Rin Adalat and others, 1999, 28 CLC (HCD)

....iff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as plaintiff filed Title Suit No.73 of 1994 in the Court of Subordinate Judge and Artha Rin Adalat No. 4 Dhaka for recovery of Taka 1,59,79,268.75 by sale of mortgaged property as described in the schedule to th......r of the plaintiff to produce documents long after the filing of the suit in violation of the provision of rules 14 and 18 of Order VII of the Code of Civil Procedure, Provision of rule 14, after the amendment of 1983, requires the plaintiff to file allowing with the plaint the documents on which he......e order dated 9-4-1995 (order No.15 dated 9-4-1995) of the Court of Subordinate Judge and Artha Rin Adalat No.4, Dhaka passed in Title Suit No.7 of 1994 allowing filing of additional documents by the plaintiff. 2. Facts as stated in the Wit Petition, in short, are that, the respondent No. 2 as pl..

Category: Civil Law | Date: | Hits: 90

Eman Ali Mallik Vs. State, 2000, 29 CLC (HCD)

....ated 24-4-95 passed by the Special Judge, Court No. 2, Rajbari in Special Case No.13 of 1994, convicting the appellants under section 409 of the Penal Code and sentencing them thereunder to suffer RI for 2 years and to pay a fine of Taka 19,721.95 in default, to suffer RI for a further period of 1 y...... case within six months from the date of receipt of the case records from this Court. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 335.......ublic servant for an offence under this Act, and such sanction shall be sufficient for the prosecution of a public servant for an offence triable under this Act: Provided that in cases when the complaint or report referred to in sub-section (1) of section 4 is not accompanied by such sanction, th..

Category: Criminal Law | Date: | Hits: 43

Shawn Apparels Ltd. Vs. Commissioner of Customs and others, 1998, 27 CLC (HCD)

....and 1-10-97 should not be declared to have been made without lawful authority and is of no legal effect and why the respondents should not be directed to release the goods in favour of the petitioner for In-Bond Ware Housing. 2. The petitioner is a private limited Company incorporated under the C......nt, invoice and the shipping documents were forwarded to the petitioner by the upp1ier from Singapore for clearance of the said fabrics and thereafter the Shipping Agent of the petitioner applied for amendment of Import General Manifest (hereinafter referred to as IGM) on payment of requisite fees u......ecretary of Finance (IRD), 2) Secretary, Ministry of Commerce, 3) Chairman, the National Board of Revenue for necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 316. ..

Category: Fiscal/Taxation Law | Date: | Hits: 83

Golam Mostafa (Md.) and 2 others Vs. Bangladesh Jute Mills Corporation and others, 1999, 28 CLC (HCD)

....he Respondents. Writ Petition No. 7254 of 1997 with Writ Petition No.7255 of 1997 and Writ Petition No. 7301 of 1997. Judgment Md. Fazlul Karim J. - These Rules are taken up together for hearing and disposed of by the single judgment as common question of law and facts are involved....... been filed in the High Court. Note No. 63 shows that the delinquent did not pray for adducing or cross examining any witness and, as such, their allegation on that ground is not accepted and that by amendment dated 24th July, 1990 to Rule 43(8) of the Service Rules of 1990 the requirement of 180 da......oners. The said enquiry committee found the petitioners guilty of the charges brought against them. Earlier a preliminary enquiry was held by Zaheduddin as a fact finding enquiry upon receipt of a complaint regarding sale of football team to the Chalantica Sporting Club and misappropriation of the s..

Category: Employment/Service Law | Date: | Hits: 87

Lakshmi Bazar Shahi Masjid Committee and another Vs. St Francis Xavier’s Girls High School, 1999, 28 CLC (HCD)

....AK Badrul Huq J. - This Rule arising out of an application under section 115 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party.......ranted at the time of issuance of the Rule stands vacated. Let a copy of this judgment be sent to the concerned Court below immediately. Ed. This Case is also Reported in: 51 DLR (1999) 557. ......5 of the Code of Civil Procedure appears in the list today as Item No. 2 in the name of Mr. Korban Ali, the learned Advocate for defendant-petitioners and SS Halder, the learned Advocate for the sole plaintiff-opposite party. Learned Advocate for the petitioners remain unrepresented. The learned Adv..

Category: Property Law | Date: | Hits: 68

Ibrahim Cotton Mills Ltd. and others Vs. Chittagong Chamber of Commerce and Industry and others, 1999, 28 CLC (HCD)

....ber of Commerce and Industry as petitioners have filed an application under section 43 of the Companies Act, 1994 against the Chittagong Chamber of Commerce and Industry and 200 others as respondents for rectification of the register of members of the Chittagong Chamber of Commerce and Industry. ......he Companies Act be returned to the petitioner. The petitioner may refer the matter to the said Arbitration Tribunal, if so advised. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 538.......ayee. Upon the retirement of one-third members of the Board of Directors the Chamber of Commerce announced an election schedule fixing the date of election as on 20-12-98. 6. Thereafter, about 500 plaintiffs filed Other Suit No. 114 of 1998 in the 2nd Court of Senior Assistant Judge, Chittagong a..

Category: Company Law | Date: | Hits: 198