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Wahida Begum Vs. Tajul Islam, 2000, 29 CLC (HCD)

....e sent down at once. Consequently, the order of this Court directing the parties to maintain status quo granted earlier is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 491....... Md. Lokman Hossain, Advocates—For the Opposite Parties Nos. 1 (a) to 1(g) and 2. Civil Revision No. 3078 of 1994. Judgment Md. Abdur Rashid J.- This Rule was obtained by the successors-in-interest of the plaintiff, late Sultan Ahmed against the judgment and decree dated 16-06-94 passed b..

Category: Property Law | Date: | Hits: 113

Saleha Khatun and others Vs. Fetema Hajura and others, 2000, 29 CLC (HCD)

....r of stay of further proceeding of OC suit No.402 of 1982/69 of 1990 granted by this Court at the time of issuing the Rule is hereby vacated. Ed. This Case is also Reported in: 52 DLR (2000) 457.......the deceased sole defendant and adding the names of his legal heirs of the deceased defendant in his place. 2. The facts relevant for disposal of this application, in short, is that predecessor-in-interest of the opposite parties as plaintiff instituted a suit for declaration of title in the suit..

Category: Property Law | Date: | Hits: 71

Bibi Zarina and others Vs. Government of Bangladesh and others, 1998, 27 CLC (HCD)

....-91 passed by the 1st Court of Settlement in Case No.719 of 1987 within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: 52 DLR (2000) 439.......994. 2. The case of the petitioners of Writ Petition No.548 of 1994 is that the case property being House No.12 Bhitar Ban Lane, PS Kotwali, Dhaka belonged to late Md. Siddique, the predecessor-in-interest of the petitioners. After the death of the predecessor-in-interest of the petitioners in 19..

Category: Property Law | Date: | Hits: 90

Manager, Bangladseh Krishi Bank and others Vs. Al-Haj Md. Nurul Islam & another, 1999, 28 CLC (HCD)

....y set aside and Money Suit No.1 of 1991 of the Court of Subordinate Judge, Munshiganj in dismissed. There shall be no order as to cost. Ed. This Case is also Reported in: 52 DLR (2000) 434. ......2 against with First Appeal No. 86 of 1992 was preferred by the Bank and the appeal has been allowed by this Court maintaining the decree in respect of principal amount and only modifying the rate of interest from the date of institution of the suit till realisation. 12. On scrutiny of the pleadi..

Category: Civil Law | Date: | Hits: 101

Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Aziz Pipes Limited, 2003, 32 CLC (AD)

....ll realization of the decreetal amount if it is not paid within a period of 90 days from date. The parties are to bear their own costs. Ed. This Case is also Reported in: II ADC (2005) 221. ...... Saudi Grant-II. The loan agreement was ulti­mately executed between the plaintiff and BSRS on 6.2.83. In view of clause V of Article 1 of the Loan Agreement, it was settled that plaintiff shall pay interest on the foreign curren­cy loan at the rate of 4% above prevailing bank rate subject to a mi..

Category: Civil Law | Date: | Hits: 126

Eser Ali Sheikh (Md.) Vs. Md. Mokarram Ali and others, 2001, 30 CLC (HCD)

.... of 1996 of the First Court of Subordinate Judge at Kushtia is also recalled and vacated. Let the records be sent down at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 612. ......the plaintiff in possession thereof. On subsequent two dates, she received the balance of the consideration in writing in presence of witnesses. 3. It is further stated that some persons having no interest in the said land instituted Title Suit No.626 of 1979 and got an order of temporary injunct..

Category: Property Law | Date: | Hits: 91

Golam Rabbani Khandaker (Md.) and Others Vs. Hamida Bawa Shamsul Sheikh and others, 2001, 30 CLC (HCD)

.... is directed to proceed with the execution of Execution Case No.10- of 1986 as usual according to law, communicate this order at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 610.......acating stay was refused. 2. It is stated that on 25-9-85 the petitioners instituted Other Class Suit No.181 of 1985 in the Court of Munsif, First Court at Bogra for eviction of the predecessor-in-interest of the opposite parties, Ismail Sheikh as a licensee. Suit was decreed ex parte on 2-2-86. ..

Category: Civil Law | Date: | Hits: 81

Sk Sohrab Ali Vs. Gazi Abdur Rashid and others, 2000, 29 CLC (HCD)

....is order, with notice to the contending parties. Communicate the order to the learned Subordinate Judge, 3rd Court, Dhaka at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 598. ...... not deserve it. It must be noted in this connection that a court of law while administering justice must conform to the rules of law and procedures and it cannot violate these at will in the name of interest of justice which is never a one sided bargain, causing prejudice to the adverse party for n..

Category: Procedural Law | Date: | Hits: 82

Hussain Muhammad Ershad Vs. Abdul Muqtadir Chowdhury and another, 2001, 30 CLC (HCD)

.... with observations made above. Let a copy of this judgment be forwarded to the Secretary to the Parliament. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 569, 26 BLD (HCD) (2006) 261.......r passed by the Appellate Division which is still pending. It is stated that the respondent No.1, Additional Secretary, Bangladesh Parliament Secretariat, for corrupt political considerations of some interested quarters issued the impugned Notification dated 30-8-2000 without waiting for the outcome..

Category: Constitutional Law | Date: | Hits: 202

Molla Mahjenul Islam Vs. State and others, 2001, 30 CLC (HCD)

....rder as to costs. The status quo order passed by this Court earlier is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 552....... Act is not applicable in the facts and circumstances of the case, inasmuch as, the land comprising Waqf Estate is one of Waqf-lillah, not a Waqf-ul-Aulad as the purpose for creating Waqf was for the interest and benefit of the religious institutions. The learned Advocate further submits that the le..

Category: Property Law | Date: | Hits: 105

Modhumala Vs. Director, Housing and Judgment Building Research Institute & others, 2000, 29 CLC (HCD)

.... further directed that the petitioner should not be evicted without observing the provisions of law. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 540.......occupation within a period of seven days from the date of service of the notice. “Provided that the Deputy Commissioner may where he is satisfied that thirty days’ notice will not be in public interest, reduce the period of such notice to not less than seven days.” It is to be noted that..

Category: Property Law | Date: | Hits: 97

Bengal Ceramic Industries Ltd. Vs. Chairman, Petro Bangla & others, 1984, 13 CLC (HCD)

....ule [Civil Rule No.205 (FM) of 1984] which has been heard along with the appeal, is also made absolute without any order as to costs. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 516. ......ts could not satisfy us that there is any legal background in favour of such demand regulating the mode of payments. 6. We do not intend to express opinion on other questions at this stage. In the interest of a fair and complete justice to the parties, it is sufficient to observe that the plainti..

Category: Others | Date: | Hits: 132

Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)

....27 of 1992, 28 of 1992, 29 of 1992, 30 of 1992, 32 of 1992, 31 of 1992, 34 of 1992, 35 of 1992. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 509. ......provisions of President’s Order No.27 of 1972 it is obvious that the corporation is not entitled to carry on any business and the entire capital has been subscribed by the Government and the entire interest belongs to the Government and the Government exercises full control and superintendence ove..

Category: Fiscal/Taxation Law | Date: | Hits: 86

ABM Ruhul Amin, Managing Director Vs. Bangladesh Freedom Fighters Welfare Trust and others, 1999, 28 CLC (HCD)

.... are of the view that the petitioner should be saddled with cost. In the result, the Rule is discharged with cost of Taka 5,000.00 only. Ed. This Case is also Reported in: 51 DLR (1999) 208. ......tion of the evaluation committee was not accepted by the respondent Trust, it cannot be said that the respondent Trust acted illegally in accepting highest offer of the respondent No.4 in the greater interest of the Trust which has been setup to help the disabled freedom fighters and the dependents ..

Category: Property Law | Date: | Hits: 102

Sabed Ali Howlader and Others Vs. Abdul Barek and other, 1998, 27 CLC (HCD)

.... suit in accordance with law. The trial Court is directed to dispose of the suit as expeditiously as possible preferably within 3 months. Ed. This Case is also Reported in: 51 DLR (1999) 204........ The Defendant Nos.1 and 10 contested the suit by filing joint written statement stating, inter alia, that the suit property originally belonged to Sonanuddin and Asanuddin. Masudjan had no tide and interest in the suit property but 0.3333 acre of land was wrongly recorded in the name of Masudjan a..

Category: Property Law | Date: | Hits: 102

Abdur Rouf (Md.) and another Vs. State, 1998, 27 CLC (HCD)

....irected to surrender to their bail bonds immediately to serve out the sentence imposed on them. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (1999) 192.......nts lastly submits that having regard to the facts that the alleged occurrence took place twenty years ago and the accused appellants have already lost their jobs and they have become old by now, the interest of justice will be sufficiently met if the sentence of imprisonment imposed upon them is re..

Category: Criminal Law | Date: | Hits: 104

Dil Mohammad Vs. Jamir Hossain and others, 2004, 33 CLC (HCD)

....aintiff is allowed to withdraw the appeal with permission to sue afresh on the subject matter as prayed-for. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 88.......owed to commence fresh litigation on the same cause of action. He took us through the judgment and submitted that learned Subordinate Judge already found that the plaintiff failed to prove his title, interest in the suit land. 15. Following decisions were cited at the Bar for and against the pray..

Category: Property Law | Date: | Hits: 83

Birla Tyres & another Vs. Sonali Anash Trading (Pvt) Ltd. and others, 2004, 33 CLC (HCD)

.... Orders granting temporary injunction and ad interim mandatory injunction are hereby set aside. Plaintiffs shall bear cost all through. Ed. This Case is also Reported in: 58 DLR (2006) 84. ...... the Specific Relief Act. Cf: M A Naser vs Chairman, Pakistan Eastern Railway, PLD 1965 SC 83 = 17 DLR (SC) 11. Section 202 of the Contract Act reads as hereunder: "Where the agent has himself an interest in the property which forms the subject-matter of the agency, the agency, cannot in the abs..

Category: Civil Law | Date: | Hits: 148

Bengal Bricks Industries Ltd. Vs. Al-haj Md. Ishaque Chowdhury and others, 2004, 33 CLC (HCD)

....the appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 58 DLR (2006) 62. ......n the Third Court of Subordinate Judge at Chittagong for declarations that they were the only partners of the firm that, they acquired the schedule-1 property; that defendant Nos. 3 and 4 acquired no interest in such property; that they were not partners of the firm and that they had no right or aut..

Category: Property Law | Date: | Hits: 71

Mahfuz Anam & others Vs. State and another, 2005, 34 CLC (HCD)

....rict Magistracy. Send a copy of the judgment and order of the concerned Court below immediately for information. Ed. This Case is also Reported in: 58 DLR (2006) 60, 26 BLD (HCD) (2006) 26. ......aterials on record in support of the grounds taken in this application that the District Administration has become annoyed with the accused persons for publication of several news items against their interest. 7. Moreover, it is alleged that the complainant, being a local leader of the ruling par..

Category: Criminal Law | Date: | Hits: 100