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Jalal Uddin Ahmed (Md.) and others Vs. Delwar Hossain and others, 1999, 28 CLC (HCD)
....No. 4341 of 1998 and Civil Revision No. 4342 of 1998. Judgment Abu Sayeed Ahammed J. - Since both the Rules are between the same parties and on the same point of law, they are taken up together for hearing and are disposed of by this one judgment. 2. The petitioners in both the Rules are pr......uisition and Tenancy Act, which cannot he invoked for the present purpose. 10. So far the question of substitution is concerned, it is guided under Order 22 of the Code of Civil Procedure and last amendment has been made by introducing sub-rule (4) with rule 4 in the Code, regarding substitution ......the appeals have abated and question of abatement does not arise at all. Order 22 rule 4(4) of the Civil Procedure Code reads as follows- “Notwithstanding anything contained in sub-rule (3), the plaintiff shall not be required to substitute and shall be exempt from the necessity of substituting..Category: Property Law | Date: | Hits: 58
Altaf Hossain (Md.) Vs. Md. Abdul Rahim and others, 1998, 27 CLC (HCD)
....our Gopal Saha J. - This Rule is directed against the order dated 18-9-97 passed by the learned Assistant Judge, Uzirpur, Barisal in Title Suit No. 52 of 1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedu......referably within six months from the date of receipt of this order. Communicate the order to the learned Assistant Judge, Uzirpur at once. Ed. This Case is also Reported in: 51 DLR (1999) 527.......his Rule is directed against the order dated 18-9-97 passed by the learned Assistant Judge, Uzirpur, Barisal in Title Suit No. 52 of 1997 rejecting the petitioner’s application for rejection of the plaint under Order 7 rule 11 read with section 151 of the Code of Civil Procedure. 2. Short facts..Category: Procedural Law | Date: | Hits: 83
Abdul Gani Howlader (Md.) and another Vs. Abdus Somed Howlader and others, 1999, 28 CLC (HCD)
....ent Md. Awlad Ali J. - This Rule arises out of judgment and decree dated 8-5-86 passed by the Subordinate Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petition......interference is called for by this Court. The result, therefore, is that the Rule is discharged. However, there will be no order as to costs. Ed. This Case is also Reported in: 51 DLR (1999) 522.......e Judge, Bagerhat in Title Appeal No. 38/8 affirming the decree of the final Court in a suit for declaration of title and confirmation of possession and permanent injunction. 2. The petitioners as plaintiffs brought Title Suit No. 631/1 in the Court off Munsif Moralganj seeking reliefs as aforesa..Category: Property Law | Date: | Hits: 98
Sherin Akther and another Vs. Md. Ismail, 1999, 28 CLC (HCD)
....al Assistant Judge-in-Charge and Family Court, Sadar, Chandpur in Family Court Case No.4 of 1991 should not be set aside. 2. The opposite party as plaintiff filed Family Suit No. 4 of 1991 praying for a declaration that the divorce given by the defendant No.1 is illegal, collusive, null and void ......t Judge-in-Charge and Family Court Sadar, Chandpur in Family Court Case No.4 of 1991 are hereby set aside. The suit is accordingly dismissed. Ed. This Case is also Reported in: 51 DLR (1999) 512.......-92 and 1-4-92 respectively passed by the Additional Assistant Judge-in-Charge and Family Court, Sadar, Chandpur in Family Court Case No.4 of 1991 should not be set aside. 2. The opposite party as plaintiff filed Family Suit No. 4 of 1991 praying for a declaration that the divorce given by the de..Category: Family Law | Date: | Hits: 180
SM Fazlul Haque Vs. Salahuddin Ahmed and another, 2001, 30 CLC (HCD)
....cial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff is not liable to pay technical fee ......ntly, the appeal is dismissed and the connected Rule being Civil Rule No. 225 (FM) of 1998 is also discharged without any order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 612. ......he learned Subordinate Judge, Commercial Court, Chittagong in Other Suit No. 3 of 1998 refusing to grant temporary injunction. 2. Other Suit No. 3 of 1998 came into being following the filing of a plaint whereby the plaintiff prayed for (1) a decree of declaration to the effect that the plaintiff..Category: Civil Law | Date: | Hits: 164
Shaikh Ansar Ali & others Vs. Md. Tofazzal Hossain and others, 2003, 32 CLC (HCD)
....llenged. By the order No. 6 an application under order VII rule 11(d) of the Code of Civil Procedure was rejected. By order No. 7, the defendants were restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants by an order of adÂ......ted 19‑11‑2001, rejecting the petition under Order VII rule 11 (d) of the Code is set aside. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 211.......9 of 2002 are challenged. By the order No. 6 an application under order VII rule 11(d) of the Code of Civil Procedure was rejected. By order No. 7, the defendants were restrained from obstructing the plaintiffs in performing their functions till disposal of the suit. By order No. 8, the defendants b..Category: Civil Law | Date: | Hits: 74
Hasibul Bashar (Md.) Vs. Dilshed Huda and another, 2002, 31 CLC (HCD)
....oor of International Romance measuring 1735 sft as per agreement in between them. As per agreement she handed over a pay order being No. 250159 dated 26-Â6‑1997 in favour of the accused petitioner for Taka 22,00,000 and after receipt of the money the accused petitioner issued a money receipt. The......me of issuance of the Rule is recalled. Let the copy of this order be sent to the court of Metropolitan Magistrate, Dhaka for information. Ed. This Case is also Reported in: 55 DLR (2003) 200.......9 under section 138 of the Negotiable Instruments Act now pending in the Court of Metropolitan Magistrate, Dhaka should not be quashed. 2. Opposite party No. 1 as complainant file a petition of complaint alleging, inter alia, that the accused petitioner is the Managing Director of Excellent Build..Category: Criminal Law | Date: | Hits: 28
Haripada Saha Vs. Md. Shamsuddin Quraishi and others, 1997, 26 CLC (HCD)
....ed 9-10-1995 passed by the learned Subordinate Judge, First Court, Faridpur, in Title Suit (Pre-emption Suit) No. 47 of 1978 rejecting the petitioners application under section 4 of the Partition Act for buying up the share of the plaintiff opposite party No. 1. 2. The opposite party No. 1 as pla......llegality in the impugned order. In the result, the Rule is discharged without any order as to costs. Send down the LC Records at once; Ed. This Case is also Reported in: 54 DLR (2002) 606.......ned Subordinate Judge, First Court, Faridpur, in Title Suit (Pre-emption Suit) No. 47 of 1978 rejecting the petitioners application under section 4 of the Partition Act for buying up the share of the plaintiff opposite party No. 1. 2. The opposite party No. 1 as plaintiff instituted Title Suit No..Category: Administrative Law | Date: | Hits: 210
Habibur Rahman Hawlader Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate 1st Class Narayangonj should not be quashed. 2. The short fact of that case is that the opposite party No. 2 as complainant filed petition of complaint against the accused petitioner before the Magistrate 1st Class Narayanganj stating that out of business transaction the accused petit......re is a misconceived one. In the result the Rule is discharged, stay granted earlier by this court is thus vacated. Communicate the order. Ed. This Case is also Reported in: 55 DLR (2003) 199.......cates-For Opposite party No. 1. Criminal Miscellaneous Case No. 1813 of 2000. Judgment Md. Munsurul Haque Chowdhury J.-By this Rule opposite parties were called upon to show as to why the Complaint Case No. 461/99 now pending in the court of Magistrate 1st Class Narayangonj should not be qu..Category: Banking Law | Date: | Hits: 191
Shahadat Hossain (Md.) Vs. Base Textile Ltd., 2000, 29 CLC (HCD)
....he petitioner and the respondent No. 2, who are childhood friends. Loan was taken from Sonali Bank as a result of which there is a huge outstanding liability to Sonali Bank. 7. The petitioner left for India on 28-9-2000, but before his departure the respondent No. 2 asked for the signature of the......the name of the company in Bangladesh or outside Bangladesh and to operate all the accounts signally. The original Article 51 provided that three Directors would form a quorum for any meeting, but by amendment of the said Articles it is reduced to two Directors. Before amendment, Article 34 provided......application is thus allowed in part. The order restraining the respondent No. 2 from operating the bank accounts of the Company is vacated. Ed. This Case is also Reported in: 54 DLR (2002) 583. ..Category: Company Law | Date: | Hits: 247
.... 1st and 2nd November, 2003 passed by the High Court Division of the Supreme Court of Bangladesh in Contempt Petition No.3 of 2003 arising out of Company Matter No.2 of 2000 convicting the appellants for contempt of Court and sentencing them to pay fine of Tk.2000/- each, in default, to suffer simpl...... of the contemner-appellant and again wrote to the contemner-appellant No.1 stating that he is appointed Chairman for the purpose of holding the AGM of the Bank for the years in question prior to the amendment come into operation and requested them to publish and notify the date for holding the AGM ...... above, we find no cogent reason to interfere with the impugned order of the High Court Division.
In the result, the appeal is dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 971...
Category: Criminal Law | Date: | Hits: 60
....November 2, 2009.
Lawyers Involved:
B. Hossain, Advocate-on-Record-For the Petitioners (In both cases)
Md. Nawab Ali, Advocate-on-Record-For the Respondents (In both cases)
Civil Petition for Leave to Appeal Nos. 1441-1442 of 2009.
(From the judgment and decree dated 09.04.2009 passed......eals and affirming the judgment and decree of the trial Court.
We find no substance in these petiÂtions which are accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 968.......re directed against the judgment and decree dated 09.04.2009 passed by the High Court Division in Appeal from Original Decree Nos. 439 of 2003 and 142 of 2004.
2. The facts, in short, are that the plaintiff filed the suit for declaration of title and mandatory injunction in respect of the land de..
Category: Property Law | Date: | Hits: 44
....
February 14, 2010.
Lawyers Involved:
S. N. Goswami, Advocate instructed by Syed Mahbubur Rahman, Advocate-on-Record-For the Petitioners.
Not represented- the Respondents.
Civil Petition for Leave to Appeal No. 24 of 2010.
(From the judgment and order dated 03.12.2009 passed by the H......t. Therefore the High Court Division rightly discharged the Rule.
We find no substance in this petition which is accordingly dismissed.
Ed.
This Case is also Reported in: VII ADC (2010) 964.
...... the learned Judge, Artha Rin Adalat No. 2, Dhaka in Artha Zari Case No. 325 of 2004 arising out of Title Suit No.195 of 1999.
2. The facts, in short, are that on 04.06.1997 the respondent No.2 as plaintiff instituted title suit being Title Suit No.136 of 1997 subsequently renumbered as Title Sui..
Category: Civil Law | Date: | Hits: 96
Alizan Shaikh Vs. Moniruddin, 2010, 39 CLC (AD)
....dvocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Petitioners. Md. Nurul Amin, Advocate, instructed by A.K.M. Shahidul Hug, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 725 of 2009. (From the judgment and order dated 16.02.2009 passed by the ......decreeÂing the suit and hence no interference in the impugned judgment and order is called for. The petition is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 960.......Kushtia, dismissing the suit. 2. The predecessors-in-interest of the respondent Nos. 1(Ka) to 1(Chha) and respondent Nos. 2(Ka) to 2(Ja) Monir Uddin Sheikh and Abdul Motaleb Shaikh respectively as plaintiffs filed Title Suit No.253 of 1986 for declaraÂtion of their title- and possession in the s..Category: Property Law | Date: | Hits: 51
Suraiya Begum and others Vs. Misir Ali and others, 2010, 39 CLC (AD)
....ate-on-Record-For the Petitioners. M.A. Samed, Senior Advocate instructed by Md. Nawab Ali Advocate-on-Record-For Respondent Nos. 1-27. Not represented- Respondent Nos. 28-35. Civil Petition for Leave to Appeal No. 1065 of 2009. (From the judgment and order dated the 17th day of March, 2...... above, we find no subÂstance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 945. ......te Kalimuddin died in the middle part of the year, 1975 leavÂing behind Yasin and Abul Hossain as her sons and also Mehar Negar, Suraiya Begum, Tunu Bibi and Gul Akhter as her four daughters and the plaintiffs of his suit land also the pro forma defendant Nos.6-9 are enjoying and possessing the sui..Category: Property Law | Date: | Hits: 47
Nasrin Akhter and another Vs. Sree Gouranga Lal Mukherjee and others, 2009, 38 CLC (AD)
.... Quayum, Senior Advocate instructed by Syed Mahbubar Rahman, Advocate-on-Record-For Respondent No.2 (In both the cases). Not represented-Respondent Nos.1, 3 (In both the cases). Civil Petition for Leave to Appeal Nos. 603-604 of 2008. (From the judgment and order dated 03.12.2007 passed by......petitioners are permitted to preÂpare the paper book out of Court in accordance with Rules. The appeals to be heard one after another. Ed. This Case is also Reported in: VII ADC (2010) 940. ......t of the common judgment and decree passed in Title Appeal No. 106 of 2000 preferred by the defendant-respondents hereof, heard and disposed of along with cross appeal filed in the said appeal by the plaintiff-petitioners hereÂof, dismissing the appeal, and that the Civil Revision No.6690 of 2002 a..Category: Property Law | Date: | Hits: 45
Munshi Abdul Hai Vs. Sanjoy Kumar Shil, 2010, 39 CLC (AD)
....structÂed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Mozaffar Hossain, Senior Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For the Respondent. Civil Petition for Leave to Appeal No. 382 of 2009. (From the judgment and order dated 27.10.2008 passed by the ......infirmity to interfere with the impugned judgment and order passed by the High Court Division. The petition is accordingly disÂmissed. Ed. This Case is also Reported in: VII ADC (2010) 935. ......, Laxmipur, by which the judgÂment and decree dated 26.06.2001 decreeing the Title Suit No. 88 of 2000 by the learned Assistant Judge, Ramganj, Laxmipur, was reversed. 2. The respondent hereof as plaintiff filed the Title Suit No.88 of 2000 for declaration that the Mutation Khatian No. 270 was i..Category: Property Law | Date: | Hits: 32
Md. Sharif Hossain Vs. Md. Abdul Jalil and another, 2009, 38 CLC (HCD)
....udgment and decree dated 26.02.90 (decree singed on 6.3.90) passed by the Senior Assistant Judge, 1st Court, Dhaka in Title Suit No.291 of 1987 decreeing the suit. 2. The relevant facts necessary for disposal of the Rule are that the petitioner as plaintiff instituted Title Suit No.291 of 1987 i......Rule is discharged without any order as to cost. Let a copy of the judgment along with lower Court’s record be sent down at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 744.......6.3.90) passed by the Senior Assistant Judge, 1st Court, Dhaka in Title Suit No.291 of 1987 decreeing the suit. 2. The relevant facts necessary for disposal of the Rule are that the petitioner as plaintiff instituted Title Suit No.291 of 1987 in the Court of Senior Assistant Judge, 1st Court, Dh..Category: Property Law | Date: | Hits: 39
Abdul Jalil Miah and another Vs. Siddiqur Rahman, 2009, 38 CLC (HCD)
....iffs filed Title Suit No.276 of 1981 in the First Court of Subordinate Judge, Dhaka (which transferred to 4th Court of Subordinate Judge and Artha Rin Adalat re-numbered as Title Suit No.244 of 1992) for declaration of title and recovery of khas possession of the following land of “Schedule â......e rule is made absolute without any order as to the costs. Lower Courts records be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 735. ......nd 25-7-95 respectively passed by the learned Subordinate Judge, 4th Court, Dhaka, in Title Suit No. 244 of 1992 dismissing the suit should not be set aside. 2. That on 25-2-81 the petitioners as plaintiffs filed Title Suit No.276 of 1981 in the First Court of Subordinate Judge, Dhaka (which tra..Category: Property Law | Date: | Hits: 39
Md. Osman Gani & others Vs. Begum Tofatun Nahar & others, 1988, 17 CLC (HCD)
....Rahman, District Judge, Bogra in Misc. Appeal No.10 of 1986 affirming those dated 29.1.86 passed by Mr. Ahammed Jamil Mostafa, Subordinate Judge, Bogra in O.C. Suit No.377 of 1985 refusing the prayer for temporary injunction. 2. Short facts giving rise to this Rule may be stated as follows:— ......out any order as to costs. The impugned order of the Courts below is upheld. The ad-interim order of stay grantÂed by this Court is vacated. Ed. This Case is also Reported in: 41 DLR (1989) 151.......e — For the Petitioner. Masih-ul-Uslam, Advocate — For the Opposite-Party No. 1. Civil Revision No. 436 of 1986 Judgment Muhammad Ansar Ali J.- This Rule issued at the issuance of the plaintiff-petitioners is directed against the judgment and order dated 15.5.86 passed by Mr. Md. Say..Category: Procedural Law | Date: | Hits: 80
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