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Mohar Ali Bhuiyan Vs. Michir Ali Bhuiyan and others, 2010, 39 CLC (AD)
....ocate-on-Record-For the Petitioner. Nazrul Islam Talukdar, Advocate instructed by M. I. Bhuyan, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-30. Civil Petition for Leave to Appeal No. 2325 of 2009. (From the judgment and order dated 18.08.2009 passed by the......se of misreading or non-consideration of evidence was made out. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 500.......lding the Judgment and decree dated 17.07.2007 passed by the Joint District Judge, First Court, Narayanganj in Title Suit No.70 of 2004. 2. The facts, in short, are that the Respondent No.1 as the plaintiff filed before the Court of 1st Joint District Judge Narayangonj Title Suit No.70 of 2004 fo..Category: Property Law | Date: | Hits: 20
Nasiruddin Khan Vs. Forhad Hossain Bhuiyan, 2009, 38 CLC (AD)
....nstructed by Nurul Islam Bhuiyan, Advocate-on-Record-For the Petitioner. Abdul Wadud Bhuiyan, Senior Advocate instructed by Md. Nawab Ali, Advocate-on-Record- For the Respondent. Civil Petition for Leave to Appeal No. 1515 of 2009. (From the judgment and order dated the 20th day of May, 200......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 707.......dant No.1, Nasiruddin got .07 acres of land on the western side of the Dag No.235. Thereafter, Siddiqur Rahman, Rahima Khatun, Tajul Islam and Abul Bahser transferred their .23 acres of land to the plaintiff by a registered kabala deed dated 20.06.1998. The plaintiff has been possessing the said p..Category: Property Law | Date: | Hits: 42
Altab Ali Vs. Rupjan Bibi and others, 2010, 39 CLC (AD)
....bruary 11, 2010. Lawyers Involved: A.Q.M. Safiullah, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioners. Not represented- the Respondents. Civil Petition for Leave to Appeal No.954 of 2009. (From the judgment and order dated the 17th day of March, 200...... preparation of paper books is dispensed with as prayed for. The order of stay granted earlier is extended till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 651.......e southern part of the suit C.S. Plot No.95 and auction sale was confirmed on 07.01.1937 followed by delivery of possession and after possession for seven years Charag Ali sold the suit land to the plaintiff Nos.1-3 and their brother Zaru Mia by kabala dated 10.03.1942 and while they were in posse..Category: Property Law | Date: | Hits: 30
Md. Shahabuddin Vs. Janata Bank, 1988, 17 CLC (HCD)
.....B.M. Hamid Khan were members of the clerical staff (clerk and cashier respectively) of Chawk Bazar Branch, Barisal of the Janata Bank and were the office-bearers of the Bank Karmachari Union—the former being a member of the Executive Body and the latter being a Vice-President. The suits were ......te. Mr. Chakraborty has referred to the second proviso to section 4(2) of the Administrative Tribunals Act and argues that the statutory period of 6 months limitation having long elapsed before the amendment had been made there was no question of the Tribunal entertaining the case in 1985. The oth......ation that the order dated 17.9.81 of termination of their services were mala fide, without jurisdiction illegal and void as well as for permanent injunction directing the defendants to allow the plaintiffs to continue in service of the Bank. The defendants are 6 in number and defendants 1-4 r..Category: Employment/Service Law | Date: | Hits: 76
Warish Miah Vs. People's Republic of Bangladesh, 1988, 17 CLC (HCD)
....hould not be declared to have been passed without lawful authority and of no legal effect. 2. Petitioner's case in short is that the petitioner along with other candidates contested the election for the office of Chairman of No. 4 Upper Kagabala Union Parishad held on 10.2.88 and 11.4.88. The p......candidate taken loan from any specified bank has defaulted in repayment of the same within the time so allowed by the bank. To insert the word 'guarantor’ in sub-section (g) is nothing but making amendment of the said clause (g) of sub-section (2) of section 7 which is not the task of this court......es of the present case. In the result, the Rule is discharged without costs. The order of slay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 41 DLR (1989) 51..Category: Election Law | Date: | Hits: 104
Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....ar, Advocate-on-Record-For the Petitioner. Moinuddin, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents (Appeared-with the leave of the Court). Civil Petition for Leave to Appeal No. 1256 of 2009. (From the judgment and order dated 9.4.2009 passed by the H......court. 3. The petitioner has been contesting the suit by filing a written statement denying the material allegations made in the plaint. The defendant petitioner thereupon filed an application for amendment of the written statement. The application for amendment was rejected by the learned Assist......vocate Commissioner submitted report which was also accepted by the court. 3. The petitioner has been contesting the suit by filing a written statement denying the material allegations made in the plaint. The defendant petitioner thereupon filed an application for amendment of the written stateme..Category: Property Law | Date: | Hits: 33
Sonali Bank Vs. Meghna Vegetable Oil Industries Ltd. & ors., 2009, 38 CLC (AD)
....- For Respondent No. 3. Abdur Razzaque Khan, Senior Advocate instructed by Syed M. Rahman, Advocate-on-Record-For Respondent Nos. 5-11. Not represented-Respondent Nos. 4, 12. Civil Petition for Leave to Appeal No.26 of 2009. (From the judgment and order dated 10.11.2008 passed by the Hi......f 'kha' group towards liquidating loan liability remained payable to Sonali Ltd. The bifurcation of parties of Meghna Group of Industries took place as per agreement dated 03.11.2001 and subsequent amendments dated 22.01.2004 and 04.03.2004 whereby ultimately an amount of Tk. 15,48,95,235.69 remai......ourt Division in First Appeal No.109 of 2007 preferred against judgment and decree dated 11.03.2007 passed by learned Joint District Judge, 5th Court, Dhaka in Title Suit No.176 of 2006 rejecting the plaint on an application filed under Order 7 Rule 11 read with Section 151 of the Code of Civil Proc..Category: Procedural Law | Date: | Hits: 81
Haji Noor Nabi Mollah Vs. Ahammad Ali and others, 2010, 39 CLC (AD)
....e, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Petitioners. Giasuddin Ahmed, Advocate-on-Record-For Respondent No. 1. Not represented-Respondent Nos. 2-107. Civil Petition for Leave to Appeal No. 2017 of 2009. (From the judgment and order dated 29.07.2009 passed by the......point a member of the local Bar as the receiver of the waqf estate. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 639.......the learned Joint District Judge, Arbitration Court, Dhaka in Title Suit No. 22 of 2004 rejecting application for appointment of receiver. 2. The facts, in short, are that the respondent No.1 as plaintiff filed Title Suit No. 22 of 2004 in the Court of the learned Joint District Judge, Arbitrat..Category: Property Law | Date: | Hits: 27
Commissioner of Taxes Vs. Aleaf Enterprise, 2001, 30 CLC (HCD)
....me Tax Ordinance, 1984 at the instance of the Commissioner of Taxes Zone-7 Dhaka arises out of an order dated 9-9-96 passed by the Taxes Appellate Tribunal, Single Bench, Dhaka in ITA No. 2534/95-96, for the assessment year 1992-93. 2. In pursuance of the notice under sections 79 and 83(1) of the......the new proviso introduced by the Finance Act, 1967 has virtually taken away the right of appeal which is in the nature of vested right, the assessment in question related to the year 1962-63 and the amendment introduced in section 30(1) of the Act was the creation of the Finance Act, 1967 and could......n accordance with law. The result, therefore, is that the question raised is answered in the affirmative. There be no order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 471. ..Category: Fiscal/Taxation Law | Date: | Hits: 55
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....s of money towards liquidation of its loan liabilities from time to time but since 24-6-1986 did not make any repayment towards its loan. As such, the plaintiff bank was constrained to file this suit for recovery of Taka 16,45,750 as on February 1988, against defendants. The defendant No.1 contested......without any order as to cost. The counter-claim of the defendant No.1 is dismissed as not maintainable. Send down the records forthwith. Ed This Case is also Reported in: 54 DLR (2002) 458....... Haque J. - This appeal arises on the judgment dated 27-2-1992 and decrees 1-3-1992 passed by the Judge, Artha Rin Court Kishoregonj, in Artha Rin Case No. 27 of 1990, in allowing set off against the plaintiff. 2. The facts leading to the filing of this case, in brief, are that on the prayer made..Category: Civil Law | Date: | Hits: 79
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate Judge, Noakhali for declaration that the suit property as described in Schedule A to the plaint measuring an area of...... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440.......e, Lakshimpur in Title Appeal No. 44 of 1989 reversing those dated 30-4-1981 passed by the learned Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate Judge, Noakhali fo..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....64): AIR 1969 Supreme Court 17(V56C—7); Abdul Gani vs. State 24 DLR 230(162); Hussain Mohammad Ershad vs. State, 45 DLR (AD) 48. Lawyers Involved: Md. Mahbub Ali with Reba Kaniz, Advocates— for the Petitioner (In Criminal Miscellaneous Case No. 6544 of 2000) Abdus Salam Mamun, Advocate ......harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......p together for hearing and this judgment will govern both the Rules. 2. The short facts for the purpose of disposal of the Rules is that, opposite party No. 1 as complainant filed a petition of complaint before the Senior Special Judge, Cox’s Bazar alleging, inter alia, that on 29-12-91 he went..Category: Criminal Law | Date: | Hits: 62
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....the learned Additional District Judge, 3rd Court, Dhaka shall not be set aside or such order or further order or orders passed as to this Court may seem fit and proper. 2. The short facts relevant for the purpose of disposal of this Rule is that plaintiff-petitioner filed Title Suit No.337 of 198......schedule of land as detailed in the schedule column of the plaint was not properly set up for which such schedule of land needs be expunged and amended by insertion of a new schedule instead and such amendment should be inserted there in the plaint anew which is as follows: জেলা-ঢাক......rendra Nath Goswami, Advocate—For the Petitioner. Not represented — For the Opposite Party. Civil Revision No. 4607 of 1995. Judgment N K Chakravartty J. - The Rule at the instance of plaintiff-petitioner was issued calling upon the Opposite Party to show cause as to why the judgment..Category: Procedural Law | Date: | Hits: 83
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the defendant filed under Order VII rule 11 CPC. 2. The plaintiff, the proprietor of Zakir Soap Factory, filed the aforesaid Title Suit No. 3 of 1999 praying for an order of permanent injunction restraining the defen......ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394....... Miscellaneous Appeal challenging the judgment and order dated 6-6-2000 passed by the learned Additional District Judge, First Kishoregonj, in Title Suit No. 3 of 1999 allowing the application of the plaintiff respondent under Order XXXIX rules 1 and 2 CPC and also rejecting the application of the d..Category: Intellectual Property Law | Date: | Hits: 200
Uttara Bank Ltd. Vs. Ali and Co. and another, 2000, 29 CLC (HCD)
....respondent No. 1 is a firm of which defendant-respondent No. 2 is its proprietor. The defendants had a current account with the plaintiff-bank and during the course of business the defendants applied for a loan of Taka 2 lac. The plaintiff-bank bad sanctioned overdraft limit of Taka 1,50,000. The de......t and hear both the aforesaid suits analogously as early as possible, preferably within 6(six) months from date of receipt of the LC Records. Ed. This Case is also Reported in: 55 DLR (2003) 156.......e Subordinate Judge and Artha Rin Adalat, 2nd Court, Dhaka passed in Cross Money Suit No. 1 of 1994 allowing the appeal. 2. Both the appeals are disposed of by this Judgment. 3. The case of the plaintiff appellant-bank is that the defendant-respondent No. 1 is a firm of which defendant-respond..Category: Civil Law | Date: | Hits: 101
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....‑9‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs inst......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149....... Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs instituted Other Class Suit No. 48 of 1991 before the 1st Court of Joint District Judge, ..Category: Property Law | Date: | Hits: 31
Nurujjaman and others (Md) Vs. Md. Sajjad Ali and others, 2002, 31 CLC (HCD)
....46 dated 14‑3‑2001 passed by the learned Subordinate 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...... 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
Arif Iftekhar Ali and others Vs. Sekandar Ali Hawlader, 2002, 31 CLC (HCD)
....section 115 of the Code of Civil Procedure against order 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 ......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
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
.... Contempt Petition No. 3 of 2003. Judgment Syed Amirul Islam J.- This contempt Rule was issued calling upon the contemner opposite parties to show cause as to why they shall not be committed for contempt of Court for dishonoring, disregarding and non compliance of the direction given in the......further contended that they, out of their sincerity, brought to the notice of the Chairman designate about the change brought about in law by section 15 ka ka and sought clarification in view of' the amendment to Bank Company Act so that they can get guidance for holding AGM but the Chairman designa......ne amounting to Taka 2000 to be paid within one month from date, in default, each of them to suffer simple imprisonment for 15 (fifteen) days. Ed. This Case is also Reported in: 56 DLR (2004) 73...Category: Banking Law | Date: | Hits: 158
Standard Bank Ltd. Vs. Tripos Engineering & Trading Company (GD) and others, 2003, 32 CLC (HCD)
....C) 389; SS Khanna vs. FJ Dillon, AIR 1964 SC 497; Vidya Vati vs. Devi Das, AIR 1997 SC 397; Zyta Garments Limited vs. Union Bank Limited, 55 DLR (AD) 56; Gooryolny (Bd) Textile Limited vs. Chartkan Information Textile Limited and others, 54 DLR (AD) 70; Tanni Knit Wear Limited vs. DGM, Sonali Bank a......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
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