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Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....ging 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, Sylhet for declaring that the termination of the job of the said plaintiff as Senior Assistant in Uttara Ba......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
Karam Ali Vs. State, 2001, 30 CLC (HCD)
....er dated 30-4-95 passed by the 2nd Assistant Sessions Judge, Narayanganj in Sessions Case No. 7 of 1994 convicting Karam Ali under section 399 of the Penal Code sentencing him thereunder to suffer RI for 7 years and to pay a fine of Taka 2,000 only, in default, to suffer RI for a further period of 6......s to us as an accidental omission in the Penal Code, which deserves to be brought to the notice of the legislature. We would, therefore, recommend to the Government for taking necessary steps towards amendment of the Penal Code for incorporating new sections in the Penal Code providing punishment fo......and the Honurable Chairman of the Law Commission of Bangladesh for favour of their kind perusal. Send down the lower Court records at once Ed. This Case is also Reported in: 54 DLR (2002) 378...Category: Criminal Law | Date: | Hits: 97
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....oth the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in holding that the jurisdiction of the Civil Court was ousted for mere presence of alternative machinery, namely, the Administrator of Waqfs; that both the Courts......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.......rict Judge, 5th Court, 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, ..Category: Trust/Waqf Law | Date: | Hits: 187
Dhaka Leather Company Ltd. Vs. Sikder Construction Ltd. and another, 2001, 30 CLC (HCD)
.... was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 158 of 1999, which refused to reject the plaint. 2. Short facts for disposal of the Rule are that on or about 4-8-99 opposite party No. 1 made an application under ......result, the Rule is discharged. No costs. Order of stay 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) 357.......bdur Rashid J. - This Rule was obtained by defendant No. 1 against an order dated 18-6-2000 of the Fifth Court of Subordinate Judge at Dhaka in Title Suit No. 158 of 1999, which refused to reject the plaint. 2. Short facts for disposal of the Rule are that on or about 4-8-99 opposite party No. 1 ..Category: Procedural Law | Date: | Hits: 69
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
....a in Title Appeal No. 104 of 1998 reversing the judgment and decree 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......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)
....tion 115 of the Code of Civil Procedure against an order dated 8-5-2000 passed by Subordinate Judge, 2nd Court at Noakhali in Title Suit No. 2 of 2000 which allowed the prayer of opposite party No. 1 for addition as a defendant in the suit. 2. Short facts for disposal of the Rule are that the pet......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)
....98 allowing the appeal and setting aside the judgment and decree 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......f members of Hospital & Medical Centre of the factory. The lower appellate Court could have upheld the judgment of the trial Court in part himself allowing the appeal in part giving direction for amendment of the voters list by way of striking out or deleting the names of the ineligible persons ...... 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
Ganesh Chandra Das Vs. Arati Acharjya, 2001, 30 CLC (HCD)
....eal No. 46 of 1994 affirming the judgment and decree passed by Mr. Md. Golam Sarwar, learned Assistant Judge, Additional Court No. 3 Chittagong in paribarik Money Suit No. 6 of 1993 allow maintenance for the wife and 3 children, should be set aside. 2. The Revisional application was flied mainly ......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)
....n application under section 115 of the Code of Civil Procedure against order dated 10-9-2000 passed by Senior Assistant 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 No......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
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....ite party Nos. 1 to 9 in the earlier Rule made an application under Order XXI rules 100 and 101 of the Code of Civil Procedure in the Second Court of Subordinate Judge at Dhaka against the petitioner for restoration of possession of 13 decimals of land of plot No. 447 comprising of municipal holding......ut of 5.20 acre of land of plot Nos. 447, 448 and 495. On 8-3-1994 the petitioner made an application for police help for possession. Then, the executing Court allowed by its Order dated 28-5-1994 an amendment by replacing plot No. 484 in place of plot No. 448. Again on 26-10-1994 the petitioner app......lled and vacated. The executing Court is directed to take steps for expeditious restoration of possession to the claimants. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 328. ..Category: Property Law | Date: | Hits: 26
Kajemuddin Miah (Md) Vs. Bangladesh and others, 1999, 28 CLC (HCD)
....96 Mouza Kartickpur within PS Dohar, district Dhaka. The petitioner filed a Civil suit being Title Suit No.19 of 1984 in the Court of Assistant Judge Dohar, Dhaka against Nuni Gopal Gopini and others for specific performance of Contract and the said suit was decreed in favour of the petitioner on 3-......rnment as the said Act dated 13th July, 1994 was prospective and not retrospective. The petitioner is aggrieved by the circular because it is not in accordance with the State Acquisition and Tenancy (amendment) Act of 1994 and by the said circular his subsisting right on the lands diluviated in 1991......ting to treat all lands diluviated prior to 13th July, 1994 to have vested in the Government. There shall be no order as to cots. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 240. ..Category: Property Law | Date: | Hits: 68
.... R -v- Hampden, 1637 3St Tr 825, Jamat-e-Islami –vs- Federation of Pakistan, PLD 2009 SC 549, Pickin-v-British Railway Board, 1974 AC 765, Dr. Bonham’s case, 1610 8 Co Rep 114a, Dred Scott-v- Sandford, 60 US at 93, 405 1857, also 19 Howard 393 1857, Hodges –v-United States 203 US 1 1906, Butts......s attempts to secure legality to all martial law instruments and actions, however, ended in fiasco, as, by a judgment, this Division passed in the Fifth Amendment case, supra, explicitly declared the amendment to have been without lawful authority. The Appellate Division, subsequently, affirmed the ......d its legitimate power and violated the recognized principle of jury trial. The superior court of Rhode Island studiously avoided a declaration that the law was unconstitutional, but dismissed the complaint, holding that the case was not cognisable before them, implying thereby, that the judges had ..
Category: Constitutional Law | Date: | Hits: 482
Shan Hosiery Vs. Bangladesh Jatiya Shamabaya Shilpa Samity Ltd and others, 2002, 31 CLC (HCD)
....s obtained by the plaintiff against the order of Subordinate Judge, Second Court at Dhaka dated 13-8-2000 passed in Title Suit No. 57 of 2000, which rejected the plaint while disposing an application for temporary injunction. 2. The plaintiff on or about 1-3-2000 instituted the suit against defen......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)
....stituted Title Suit No.14 of 1993 in the Court of the learned Assistant Judge, Narshingdi impleading the opposite party No.2 as defendant No.1 and the present petitioner as defendant No. 2 and prayed for a declaration that the deed of exchange as mentioned in Schedule ‘Kha’ to the plaint is void......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
Shah Alam (Md.) Vs. Abul Kalam and others, 2001, 30 CLC (HCD)
.... the State Acquisition and Tenancy Act being Miscellaneous Case No.18 of 1996 in the Court of Subordinate Judge, Second Court at Noakhali against opposite party No.1 preemption (purchaser) and others for preemption. The application was allowed ex parte on 16-4-98. 3. On 28-9-98 Umme Kulsum, as wi......d 28-11-99 are hereby set aside. Order of stay as granted at the time of the Rule is recalled and vacated. Let the records be sent down. Ed. This Case is also Reported in: 54 DLR (2002) 277. ......or absence or otherwise anyone who is duly authorised by him can sign or to sue or defend on his behalf. If one resides abroad permanently, the provisions of Order III rule 2 of the Code requires the plaint or such pleading initiating an original proceeding to be signed by a person duly authorised u..Category: Limitation Law | Date: | Hits: 175
Anil Kumar Ghosh Vs. Shamir Kumar Ghosh, 2001, 30 CLC (HCD)
....f 2000). Trade Mark Application No. 03 of 2000 With Trade Mark Application No. 02 of 2000. Judgment KM Hasan J.- These two applications under section 46 of the Trade Marks Act, 1940 for rectification of the Register of Trade Marks by removal of the registered trade mark No. 38902 i......f the petitioner i.e. “Baghabari Special Khati Gawa Ghee” with the same label of cow, colour scheme and other details, thus they are bound to cause confusion in the minds of the public even after amendment is allowed to “New Baghabari Khati Gawa Ghee” by the Registrar, Trade Marks. The main ......29 and No. 55568 in class 29 are expunged from the register of the Trade Marks and the Registrar is directed to rectify the same accordingly. Ed. This Case is also Reported in: 54 DLR (2002) 273...Category: Intellectual Property Law | Date: | Hits: 200
Protima Sen and others Vs. Chitra Rani Dey and another, 1999, 28 CLC (HCD)
....………………...Opposite Parties Judgment August 24, 1999. Result: The Rule is made absolute without any order as to cost. Section 4 of the Partition Act was enacted to afford a special opportunity to a co-sharer of an undivided homestead or dwelling house against a stra......of the order of the Court. Communicate the order to the learned Court below immediately for his information and necessary action. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 218. ...... Judgment Gour Gopal Saha J.- This Rule is directed against the order dated 18-3-98 passed by the 1st Court of Subordinate Judge, Sadar Chittagong, in Partition Suit No.88 of 1981 rejecting the plaintiffs’ application for determination of the value of 1/3rd share of the suit property for buy..Category: Property Law | Date: | Hits: 42
Tanveerul Haque Vs. Unistar Shipping Limited and ors., 1999, 18 CLC (HCD)
.... and 2 to show cause as to why the impugned order dated 8-9-1996 passed by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit ......int of Money Suit No. 31 of 1995 of the Subordinate Judge 2nd Court, Chittagong is hereby rejected. There will be no order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 215....... by the learned Subordinate Judge, 2nd Court Chittagong in Money Suit No. 31 of 1995, should not be set aside. 2. Brief facts for disposal of this Rule are that, the opposite party Nos. 1 and 2 as plaintiffs, filed Money Suit No. 31 of 1995 in the Court of Second Subordinate Judge, Chittagong aga..Category: Company Law | Date: | Hits: 197
Parimal Chandra & others Vs. Shaheda Begum and others, 1999, 18 CLC (HCD)
....rned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 of 1987, praying for setting aside the ex parte decree dated 6-7-78 passed in Title Suit No.116 of 1977. It was conte......rdinate Judge, Barguna in Title Suit No.18 of 1987 decreeing the suit are maintained. Send down the lower Court records immediately. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 206....... the judgment delivered by it on 14-4-91 dismissing the appeal on contest and affirming the decree passed by the learned trial Court. 2. Short facts leading to the case are that, the appellants as plaintiffs instituted a suit in the Court of the Subordinate Judge, Barguna being Title Suit No.18 o..Category: Procedural Law | Date: | Hits: 81
Mahbubul Huq (Md) Vs. Md. A Kader Munshi & others, 1999, 18 CLC (HCD)
....d order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194.......e copy of this judgment and order. The office is hereby directed to send a copy of this judgment to the trial Court at the earliest. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 194........ Bazlur Rahman, Senior Assistant Judge, Barguna in Title Suit No.17 of 1998 rejecting an application under Order 7, rule 11 of the Code of Civil Procedure. 2. Brief facts of the case is that, the plaintiff opposite party No.1 filed Title Suit No.17 of 1998 in the said Court for declaration that ..Category: Property Law | Date: | Hits: 64
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