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Nazem Uddin Vs. Election Tribunal and others, 1999, 18 CLC (HCD)
....erred To- 1981 BLD 298, 38 DLR 435, 41 DLR 379; Md. Mokbul Hossain Vs. Shamsul and others, 14 BLD (AD) 232. Lawyers Involved: Mahbubey Alam, Advocate—For the Petitioner. Abul Kalam Azad for Md. Oziullah, Advocates—For Respondent No. 2. Writ Petition No. 2567 of 1998. Judgment ......eturned candidate petitioner, is directed against order 10 dated 30-7-97 passed by the Election Tribunal and Assistant Judge, Maheshkhali Cox’s Bazar in Election Tribunal Case No.1 of 1998 allowing amendment of the Election Petition No.1 of 1998 allowing amendment of the Election Petition. The pet......e or character of the case, far less introduction of any new case beyond the period of limitation. 5. The aforesaid amendments of the pleadings has reference to the averments in paragraph 7 of the plaint “২ নং প্রতিপক্ষকে নির্বাচনে প্রত..Category: Election Law | Date: | Hits: 78
Abdus Salam Vs. Md. Munshi Rashed Kamal & another, 2002, 31 CLC (HCD)
....r section 138 of the Negotiable Instruments Act of 1881, stating, inter alia, that the accused petitioner took loan of taka 10, 00,000 (ten lac) only from the complainant opposite party on 25-10-1999 for three months only. This transaction was made in the office of the opposite party No.1. But the a......stay granted earlier by this Court is vacated. Let a copy of this judgment be sent to the Court of Chief Metropolitan Magistrate, Dhaka. Ed. This Case is also Reported in: 54 DLR (2002) 234. ......rther order or orders as to this Court may seem fit and proper. 2. The short facts leading to this Criminal Miscellaneous Case is that the opposite party No.1 as complainant filed a petition of complaint on 11-12-2000 in the Court of learned Chief Metropolitan Magistrate, Dhaka under section 138 ..Category: Criminal Law | Date: | Hits: 62
Mafizul Hoq Bebu (Md) Vs. Majida Begum and others, 2001, 30 CLC (HCD)
....nce of the defendant-petitioner, is directed against order dated 10-8-2000 passed by the Learned Subordinate Judge and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite ......e is hereby re-called and vacated. The learned Subordinate Judge is directed to dispose of the suit in accordance with law. Communicate. Ed. This Case is also Reported in: 54 DLR (2002) 219. ......and Artha Rin Adalat No. 1, Dhaka in Title Suit No. 175 of 1999 rejecting the prayer for seeking expert’s opinion. 2. Short facts, for disposal of this Rule, are that the opposite party No. 1 as plaintiff filed Title Suit No. 9 of 1994 in the Second Court of Subordinate Judge, Dhaka for declara..Category: Property Law | Date: | Hits: 28
Sree Sree Goranga Bishnu Priya and others Vs. Afzal Khan and others, 1999, 28 CLC (HCD)
....as to why the order dated August 31, 1997 passed by the learned Subordinate Judge, First Court, Comilla in Title Suit No.27 of 1997 should not be set aside. 2. The portrayal of the essential facts forming the background of the issuance of the Rule is that the petitioners of this Rule Sree Sree Go......de. The application of the plaintiff-opposite party No.1 for staying the proceeding of SCC Execution Case No.1 of 1997 stands rejected. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 172.......aside. 2. The portrayal of the essential facts forming the background of the issuance of the Rule is that the petitioners of this Rule Sree Sree Gouranga Bishnupriya represented by its Shebait, as plaintiffs laid a suit being Small Causes Court Suit No.3 of 1993 before the Small Causes Court Judg..Category: Civil Law | Date: | Hits: 66
....A’ and the Impugned Notice dated 12-7-95 Annexure ‘B’ to the petition should not be declared to have been made without any lawful authority and to be of no legal effect. Pending hearing of the aforesaid Rule the operation of the impugned orders vide Annexures ‘A’ and ‘B' was stayed by th......Union from his territorial jurisdiction.
6. The learned Advocate for the petitioner, Mr. Abdur Razzak argued that, since the petitioner was issued the licence of Nikah Registrar in 1977 before the amendment of Rule 10 of Muslim Marriage and Divorces (Registration) Rules, 1975, vide SRO dated 19-1......
The power filed by Mrs. Sufia Khatun, the learned Assistant Attorney-General, on behalf of the respondent, be kept with the record.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 168...
Category: Employment/Service Law | Date: | Hits: 76
Abu Ashed Bhuiyan and Others Vs. Abu Taher Bhuiyan & others, 2000, 29 CLC (HCD)
....A Khatian as owner of the suit land. The last RS record has been published in his name. Abu Sufian died leaving behind defendant Nos. 1-9 while Firoz Bhuiyan died leaving behind the plaintiff and pro forma defendant No. 10. The defendants claimed the land on the basis of RS record. The plaintiff on ......ourt to interfere with the judgment and decree complained of. In the result, the Rule is discharged. There shall be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 209. ......tlement of the suit land to Firoz Bhuiyan by hukumnama dated 10th Kartick, 1344 BS and father of the defendant Nos. 1-9 Abu Sufian put his signature on the hukumnama as a witness. It is stated in the plaint that Abu Sufian was a clever and never owner and possessor of the suit land and he in collusi..Category: Property Law | Date: | Hits: 23
Commissioner of Taxes Vs. Bangladesh Chemical Industries Corporation, 2000, 29 CLC (HCD)
....lication No. 27 of 1992 Bangladesh Chemical Industries Corporation is the respondent and Revenue is the applicant. 4. In these four reference applications the Taxes Appellate Tribunal treated the aforesaid corporations as Local Authority and exempted them from paying taxes under section 4(3) (iii......f a Municipal or local fund, or any corporation or other body or authority constituted or established by the Government under any law. Thus the original definition has been drastically changed by the amendment which now bears an extended meaning which includes also corporation which is brought into ......oration in Reference Application Nos. 27/92, 28/92, 29/92, 30/92, 31/92, 32/92, 34/92, 35/92 and 36/92. There will be no order as to cost. Ed. This Case is also Reported in: 54 DLR (2002) 202...Category: Fiscal/Taxation Law | Date: | Hits: 94
Muslim (Md) Vs. Abdul Motaleb and others, 2001, 30 CLC (HCD)
....d 31-5-1990 and 14-6-1990 respectively passed by the Assistant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanen......g PW 1 deposed on 23-5-1990 but he did not say a single word as to the dispossession allegedly made on 12-11-1989 and the learned Advocate also did not make any submission as to dispossession or made amendment to that effect, but the trial Court only on surmises took the cognizance as to dispossessi......stant Judge Shaharasti, Chandpur, in Title Suit No.54 of 1989 decreeing the suit with cost should not be set aside. 2. The facts, in brief, for disposal of the Rule are that the petitioners as the plaintiffs instituted the suit for permanent injunction against the defendants in the Court of Assis..Category: Property Law | Date: | Hits: 33
Arun Bhowmick & others Vs. Salim Reza & others, 1987, 16 CLC (HCD)
....is that one Gopal Chandra Bhowmick instituted Title suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of opposite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for de......rder dated 13.9.84 passed by the learned Munsif is hereby restored. The Rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 199. ......suit No. 83 of 1984 in the 3rd Court of Munsif, Comilla against one Suruj Miah, the predecessor-in-interest of opposite party No. 1-15 and others for declaration of right, title and interest of the plaintiff in the suit properties and also for declaration that the alleged general Power of Attorney..Category: Procedural Law | Date: | Hits: 95
Asgar Ali & others Vs. Additional Deputy Commissioner, Khulna & others, 1987, 16 CLC (HCD)
....exchange. Both the brothers, Parimal Kumar Nag and Nirmal Kumar Nag, delivered to Shamsu Ghani and executed deed of exchange on 28.2.64 and 1.4.64 respectively. Shamsu Ghani was put in possession before the registration. Shamsu Ghani thereafter mutated his name in the Khulna Municipality and sub...... remand for trial in the light of the observation made herein before. There will be no order as to costs. Send down the records at once. Ed. This Case is also Reported in: 40 DLR (1988) 157. ...... residing in a portion of the suit property on permission of the petitioners from October, 1972 but since have left the premises. Shamsu Ghani died in March, 1971 at Dhaka leaving two sons, namely, plaintiff petitioner No.1 and 2 and wife, plaintiff petitioner No. 3 as his sole heirs - Plaintiff N..Category: Property Law | Date: | Hits: 36
Sufia Islam Shila and another Vs. Shakhawat Hossain and others, 2001, 30 CLC (HCD)
....and another………………… Petitioners Vs. Shakhawat Hossain and others………………Opposite Parties Judgment May 22, 2001. Cases Referred To- Md. Abul Quasem vs. Md. Lutfor Rahman and another, 1990 BLD (AD) 3 = 43 DLR (AD) 17; Khandker Abdul Majid vs. Tarapada Dey, 51 ......ssioner within 3 months and to conclude the trial preferably within another 6 months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 178. ......er No.28 dated 16-3-1999 passed by Mr Aziz Ahmed Bhuiyan, learned Assistant Judge, 2nd Additional Court, Dhaka in Title Suit No.79 of 1998 accepting the report local investigation without hearing the plaintiff-petitioner, should not be set aside. 2. The Revisional application was filed mainly on ..Category: Property Law | Date: | Hits: 28
....itten objection in Title Suit No. 1 of 1999 (under section 14(2) of the Arbitration Act, 1940) to make opposite party No. 2’s award dated 19-9-1998 the Rule of the Court.
2. Short facts relevant for the purpose of disposal of this Rule are, that an agreement dated 12-11-1997 was executed betwee...... and order of the trial Court are affirmed. We direct that the parties will bear their own costs.
Send down the LCR, if any, immediately.
Ed.
This Case is also Reported in: 54 DLR (2002) 161.......rmed opposite party No.2 by separate letters dated 26-8-1998 through Special Messenger that Rajdhani Unnayan Kartripakkha was unwilling to submit to the jurisdiction of opposite party No.2.
3. The plaintiff-opposite party No.1 raised a dispute before the defendant-petitioner by claiming an amount..
Category: Alternative Dispute Resolution | Date: | Hits: 196
Nazim Habibuzzaman Vs. World Bank & others, 2001, 30 CLC (HCD)
....int, the plaintiff traversed the history of Farakka Barrage since 1961 constructed by the Government of India on the river Ganges which originates from Nepal and passes through India and Bangladesh before it flows down to the Bay of Bengal. The World Bank, the defendant No.1, provided the Government......ble to be rejected in limine. In the result, the appeal is dismissed but without any order at to cost. Send down the records forthwith. Ed. This Case is also Reported in: 54 DLR (2002) 159.......the High Commissioner, Government of India, claiming damages of Taka 4,00,000 crore (four lac crore) occurred due to the construction of Farakka Barrage at Farakka in India, causing sufferings to the plaintiff and the people of Bangladesh. In the plaint, the plaintiff traversed the history of Farakk..Category: Others | Date: | Hits: 79
M Tariqullah Sikder Vs. Sonali Bank, 2005, 34 CLC (HCD)
....s FA 337 of 2003 is preferred against judgment dated 25-3-2003 by Joint District Judge, 3rd Court Dhaka rejecting plaint of TS No. 194/2002 under Order VII, rule 11 of the Code of Civil Procedure and formal decree framed thereunder. 2. It is stated that Sonali Bank as plaintiff filed Civil Suit N......lly there was no provision and scope for filing Miscellaneous case under Order IX, rule 13, Code of Civil Procedure to set aside ex parte decree passed by Artha Rin Adalat, but subsequently through amendment provision was inserted for such relief under Order IX, rule 13, Code of Civil Procedure to...... Appeal from Original Decree No. 337 of 2003. Judgment Md. Abdul Quddus J.- This FA 337 of 2003 is preferred against judgment dated 25-3-2003 by Joint District Judge, 3rd Court Dhaka rejecting plaint of TS No. 194/2002 under Order VII, rule 11 of the Code of Civil Procedure and formal decree ..Category: Civil Law | Date: | Hits: 92
Abdur Rahman Vs. State, represented by Deputy Commissioner, 2006, 35 CLC (HCD)
....8 of 2001. Judgment AFM Abdur Rahman J.- The accused petitioner, Abdur Rahman, obtained this Rule on 4-2-2001, under section 561A of the Code of Criminal Procedure, calling upon the informant opposite party No. 1 Shankar Sen Gupta and the Deputy Commissioner, Chittagong, to show caus......nding before the Metropolitan Magistrate, Chittagong, is hereby quashed. Let a copy of the judgment be sent down at once. Ed. This Case is also Reported in: 59 DLR (2007) 683. ......de. At the time of issuance of the Rule all further proceeding in GR Case No. 190 of 2000, pending as aforesaid, has been stayed by this Court. 2. One Shankar Sen Gupta lodged a petition of complaint before the Court of Chief Metropolitan Magistrate, Chittagong, against the accused petitioner..Category: Criminal Law | Date: | Hits: 43
Abdur Rashid Miah and another Vs. Md. Zami Shah Newaz and others, 2007, 36 CLC (HCD)
....XLI, rule 27 of the Code of Civil Procedure. 2. The petitioners as plaintiffs instituted a suit being Title Suit No. 33 of 1994 in the Court of the learned Subordinate Judge, 2nd Court, Bhola for specific performance of contract in respect of 'Ka' schedule land of the plaint and also for dec......h above modification that the contentious signatures or writings are to be examined with admitted signatures. Ed. This Case is also Reported in: 59 DLR (2007) 625; 13 MLR (HCD) (2008) 317. ......he Opposite Parties. Civil Revision No. 1172 of 2000. Judgment Siddiqur Rahman Miah J.- This revisional application under section 115(1) of the Code of Civil Procedure at the instance of the plaintiffs-respondents is directed against the judgment and order dated 6-1-2000 passed by the learn..Category: Property Law | Date: | Hits: 32
Udayan Garments (Pvt.) Ltd. Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....6-03 passed by the Adalat in Mortgage Execution Case No/35 of2002 transferring the same under the Ain, 2003 and renumbered as Artha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purpose of disposal of this Rule, are that the respondent No. 3, Janata Bank, Laldighi Pur......rtificate under section 33(5) of the Ain in Writ Petition No. 6732 of 2004 are made absolute. However, there will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 615.......tha Execution Case No. 693 of 2003. 3. Short facts, as are necessary for the purpose of disposal of this Rule, are that the respondent No. 3, Janata Bank, Laldighi Purbapar Branch, Chittagong as plaintiff instituted Mortgage Suit No. 57 of 1996 impleading the petitioners as defendant Nos. 1 and..Category: Constitutional Law | Date: | Hits: 168
Angels Corporation (Pvt.) Ltd. and another Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....ingle judgment. In Writ Petition No. 6579 of 2004 a Rule Nisi has been issued under Article 102 of the Constitution upon the respective respondents to show cause as to why the impugned order of "Transformation" of TS 195/2000 vide order No. 14 date 1-10-2003, previously filed under the provisions of...... preamble of the Ain, 2003 contradicts with that of the provision as contained in sub-section (1) of section 60 of the said Ain and the same having not disclosed any different intention as to further amendment and consolidation as contained in its preamble with that of the provisions of the Artha ......f the Artha Rin Ain, 1990. 3. Short facts, relevant for the purpose of disposal of the Rule, are that the respondent No. 3, Janata Bank, Corporate Branch, Motijheel Commercial Area, Dhaka as plaintiff instituted Title Suit No. 195 of 2002 on 26-9-2002 before the Artha Rin Adalat No. 1, Dhak..Category: Others | Date: | Hits: 104
Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....ding to this Rule are that the petitioners as plaintiffs instituted the Other Class Suit No. 458 of 1976 in the Court of the Subordinate Judge, Dinajpur, impleading the opposite parties as defendants for declaration of title to the suit property. On transfer, the same was re-numbered as Title Suit N......same subject-matter, if not otherwise barred by any law. Communicate the order at once with a copy of judgment for information. Ed. This Case is also Reported in: 59 DLR (2007) 584. ......l Karim J.- This Rule, calls in question the legality and propriety of the order dated 6-8-1984 passed by the learned Subordinate Judge, Thakurgaon, in Other Class Suit No. 51 of 1981, permitting the plaintiffs to withdraw the suit, without permitting them to sue afresh the selfsame cause of action...Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
.... MLR (AD) 201 - 56 DLR (AD) 41; Anil Behari Ghose vs. Sint Latika Bala Dassi, AIR 1955 SC; Promode Kumar Roy vs. Sephalika Dutta, AIR 1957 Cal 631. Lawyers involved: Ahmed Nowshed Jamil for Hasan Foez Siddique Advocate—For the Appellants. Md. Kamrul Islam Siddique with Md. Baz......arned District Judge, Khulna is set aside and restored the grant of Letter of Administration. Send down the lower Court records. Ed. This Case is also Reported in: 59 DLR (2007) 579. ...... or the respondent was a party. PW 1 stated in cross-examination that he was not present at the time of institution or disposal of title suit No. 58 of 1961 and that he did not see the signing of the plaint and the solenama. He further stated that he had no visiting terms with Harinath Majumder. PWs..Category: Property Law | Date: | Hits: 68
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