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Bangladesh Shilpa Rin Sangstha (BS-RS) Vs. She Shipping Judgment Lines Limited and others, 2010, 39 CLC (AD)

....rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ......ue CJ Md. Muzammel Hossain J SK Sinha J      Bangladesh Shilpa Rin Sangstha (BS-RS)...............Appellant Vs. She Shipping Judgment Lines Limited and others............Respondents Judgment December 13, 2010.  Result: The ......rther compensa­tion calculated at the rate of bank interest prevalent at the time of the institution of the suit. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 66.   ......pensation in the form of interest. Interest was not awarded by way of dam­ages but the prevailing rate of bank interest was taken into consideration for measuring business loss and damages of the plaintiff and court is not prevented from adopting this method for determining the amount of com­..

Category: Business or Commercial Law, Labour and Industrial Law | Date: 13 Dec, 2010 | Hits: 10

Monir Hossain Md. (Moni) and another Vs. Md. Yousuf and others, 2010, 39 CLC (AD)

....ned Sub­ordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ......ted in: 66 DLR (AD) (2014) 100. ......ned Sub­ordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in SCC Suit No.6 of 1996 is hereby restored. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 100. ...... by the learned Subordinate Judge, 1st Court and Judge of the Small Causes Court, Faridpur in Small Causes Court Suit No.6 of 1996. 2. The facts of the case, in brief, are that the appellants as plaintiffs filed SCC Suit No.4 of 1995 in the Court of Assistant Judge and SCC Judge, Faridpur Sadar..

Category: Property Law, Tenancy Law | Date: 8 Dec, 2010 | Hits: 12

Thana Nirbahi Officer, Pirgachha, Rangpur and others Vs. Md. Dulal Miah, 2010, 39 CLC (HCD)

.... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ......te motion bench immediately. Ed. This Case is also Reported in: ...... the revisional application is hereby condoned. The office is directed to place the revisional application before an appropriate motion bench immediately. Ed. This Case is also Reported in: ...... Judgment December 8, 2010. Lawyers Involved: No one appears for either of the parties. Civil Rule No. 41 (Con) of 2008 Judgment Md. Ruhul Quddus J.- This Rule at the instance of plaintiff-respondent–petitioners namely the Thana Nirbahi Officer, Pirgachha, Rangpur and three ot..

Category: Procedural Law | Date: 8 Dec, 2010 | Hits: 180

British American Tobacco Bangladesh Company Ltd. Vs. Begum Shamsun Nahar, 2010, 39 CLC (AD)

....dings and obser­vations we do not find any merit in the leave peti­tion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......d............Petitioner Vs. Begum Shamsun Nahar.......................Respondent Judgment October 13, 2010. Result: The leave petition is dismissed. Words and phrases Sexual harassment in employment Sexual harassment in employment may be terme......dings and obser­vations we do not find any merit in the leave peti­tion. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 80. ......r Order VII, rule 11 of the Code of Civil Procedure, 1908…………………………(13) The power to reject a plaint should not be exercised hastily without affording opportuni­ty to the plaintiff to cure the defect or to amend the plaint. A plaint cannot be rejected for defect of part..

Category: Women and Children | Date: 13 Oct, 2010 | Hits: 21

Prime Global Ltd and others Vs. Artha Ain Adalat No.4, Dhaka and others, 2010, 39 CLC (HCD)

....eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......ed in: 65 DLR (HCD) (2013) 205 ......eous Case No. 390 of 2008 (arising out of Artha Rin case No. 291 of 2003) is without lawful authority and is of no legal effect. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 205 ......Rin Adalat No. 4, Dhaka, against the petitioners and Sonali Bank, BIDC Steel Plant Branch, Chittagong (respondent No. 2) for realization of Taka 17,88,34,045 as out­standing dues. The case of the plaintiff-Uttara Bank is that upon an application by the petitioner No. 1, the Uttara Bank allowed i..

Category: Banking Law | Date: 23 Aug, 2010 | Hits: 2

Abdur Rashid Gazi Vs. Nur Ali Gazi and others, 2010, 39 CLC (HCD)

....he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ...... ......he time of issuance of the Rule is hereby recalled and vacated. Send down the lower Courts' records immediately. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 315. ......ge, Kaligonj, Satkhira in Title Suit No.6 of 1999 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party No.1 as plaintiff instituted the suit against the petitioner as defendant for declaration of title to, meas..

Category: Procedural Law | Date: 10 Aug, 2010 | Hits: 4

Md. Zahirul Islam Vs. Adamjee Jute Mills Ltd., 2010, 39 CLC (HCD)

....ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......dgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused to him for which the defendant is liable to be called upon to answer his d......ntiff opposite party's suit is dismissed. Let a copy of the judgment along with lower Court's record be sent down at once. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 420. ......jee Jute Mills Ltd……………………………Opposite Parties Judgment July 20, 2010. Result: The Rule is made absolute. In a suit for causing losses or damages, the plaintiff is required to give specific instance of damages suffered by him and the exact loss caused..

Category: Limitation Law | Date: 20 Jul, 2010 | Hits: 38

Sonali Bank Vs. Sheikh Anis Uddin Ahmed, 2010, 39 CLC (HCD)

....d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ...... Vs. Sheikh Anis Uddin Ahmed………………………Opposite Party Judgment July 15, 2010. Result: The rule is discharged. When the reason for causing delay is unsatisfactory and not covered by any hypothetication and the conduct of the filing lawyer is not reasonable and no......d. Consequently Appeal from Original Decree No.841 of 1991 is dismissed. No costs. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 188. ...... J.- This rule was issued for substitution of the heirs of the deceased respondent No.1, Sheikh Anis Uddin Ahmed in appeal after setting aside abatement of 9 years 5 months 5 days. 2. Appellant as plaintiff filed Artha Rin Suit No.134 of 1990 in the Court of Subordinate Judge and Artha Rin Adalat..

Category: Civil Law | Date: 15 Jul, 2010 | Hits: 49

Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)

....order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... in: 18 BLT (HCD) (2010) 308. ......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ...... set aside and/ or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts relevant for disposal of the Rule, are that, the opposite parties No.1 to 7 as plaintiffs instituted partition Suit No.186 of 1986 in the Court of Munsif, 3rd Court, Comilla whic..

Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3

AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)

....on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......cate - For the opposite party.   Civil Revision No.472 of 2006. Judgment Syed Md. Ziaul Karim J.- This Rule, at the instance of Judgment-debtor petitioner calls in question the legality and propriety of the Judgment and order dated 21-09-2005 passed by learned Additional District Judge......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ......ation for dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record to the Court of District Judge respectively. 2. Material facts are that the opposite party-plaintiff-decree holder obtained a decree on 27-03-2001 in Civil Suit No.619 of 1999 in the High Cou..

Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28

Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)

.... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ......ent.  FMA No. 328 of 2009 with Civil Rule No. 931(FM) of 2009. Judgment Syed Md. Ziaul Karim J.- This appeal, at the instance of defendant appellant calls in question the legality and propriety of the judgment and order dated 10-11-2009 passed by learned Additional District Judge...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ...... 2. Both the appeal and Rule having arisen out of a common matter in issue, these have been heard together and are being disposed of by this judgment. 3. Material facts are that on 21-1-2009 plaintiff instituted Title suit No.1 of 2009 in the Court of District Judge, Dhaka against defendant..

Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269

Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)

....3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......Islam Siddiqui J         Borhanuddin J     Dhirendra Nath Mondal..................Appellant Vs.  Agrani Bank Ltd and others.............Respondents Judgment        Jun......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ......-3-2002) passed by the learned Joint District Judge, 4th Court, Khulna in Title Suit No.93 of 2001 dismissing the suit under Order VII Rule 11 of the Code of Civil Procedure. 2. The appellant as plaintiff instituted Title Suit No.93 of 2001 in the Court of learned Sub-ordinate Judge, 4th Court,..

Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6

Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)

....ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ...... (HCD) (2012) 532 . ......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ......at defendant No.1 being the ostensible owner of the land in suit, with the consent of his above named son, daughters and wife entered into an agreement to sell the land in suit on 21-11-1996 with the plaintiff at a consideration of Taka 90,00,000 (ninety lakh), which is the price of 20 bighas of lan..

Category: Property Law | Date: 12 May, 2010 | Hits: 133

Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)

....er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......J Bangladesh, repre­sented by the Deputy Commissioner, Sirajgonj……………………Appellant Vs. Raj Rajashore Cakra Narayan Jiue Deity and others………………………Respondents J......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ......1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No.398 of 1981, dismissing the suit. 2. Short facts relevant for disposal of the appeal are that respondent No.1 as plaintiff instituted other class suit No.398 of 1981 for a declaration of title, interest and posses..

Category: Evidence Law | Date: 10 May, 2010 | Hits: 161

Most. Johura Begum alias Mosammat Johara Begum Vs. Alhaj Abdur Rob Bhuiyan and others, 2010, 39 CLC (HCD)

....ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ...... Sheikh Abdul Awal J M. Moazzam Husain J Most. Johura Begum alias Mosammat Johara Begum……………………………….Plaintiff-petitioner Vs. Alhaj Abdur Rob Bhuiyan and others………………………………………..Defendant-opposite parties Judgment ......ndant Nos.1-3 Md. Nurul Haque Sheikh is added as defendant No.5 in the suit. Let a copy of this Judgment be sent down at once. This Case is also Reported in: 17 MLR (HCD) (2012) 409. ...... 10(2) of the Code of Civil Procedure for addition of party should not be set-aside. 2. Material facts of the case as necessary for the disposal of the Rule are that the present petitioner as plaintiff instituted Title Suit No.122 of 2001 in the Court of 4th Sub-Judge, Dhaka for specific pe..

Category: Procedural Law | Date: 9 May, 2010 | Hits: 4

Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)

....ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......d in: 15 MLR (HCD) (2010) 473. ......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ......it No.241 of 1999 after setting aside the ex-parte decree dated 24.6.2008 should not be set-aside. 2. Relevant facts, in short, are that the present petitioners and opposite party Nos.72-78 as plaintiffs instituted Title Suit No.241 of 1999 in the Court of the then Subordinate Judge, 2nd Cou..

Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4

Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)

....n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......ted in: 18 BLC (HCD) (2013) 106. ......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ......andra Gharani, 50 DLR(AD) 70 wherein it has been held that when the Government failed to prove the legal foundation for enlisting the suit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court d..

Category: Property Law | Date: 26 Apr, 2010 | Hits: 9

Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)

..... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ...... Supreme Court High Court Division (Civil) Present: Syed Md. Ziaul Karim J Md. Osman Gani alias Faruq Mia……………………Petitioner Vs. Deputy Commissioner and others……………………….Opposite parties Judgment April 6, 2010. Result....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ......as proper appearance in suit by the Government where there is an allegation that summons were shown to have been served upon them…………………………….(11) The onus lies upon the plaintiff who obtained ex parte decree to prove that summons upon the defendants were duly served. ..

Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111

Md. Tofazzel Hossain and others Vs. People's Republic of Bangladesh, 2010, 39 CLC (HCD)

....f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ......p;......f this Judgment and order. Ad interim direction granted earlier at the time of issuance of the Rule is hereby vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 235. ...... respective firms M/S T. Hossain and sons and M. Nur Nabi and brothers. In short both the firms ultimately failed to liquidate their respective loan liability as a result the Respondent Bank MEL as plaintiff filed suit for realization of Taka 77,15,048/- in Money Suit No.61 of 1995 in the 1 Cour..

Category: Civil Law | Date: 16 Mar, 2010 | Hits: 7

Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)

..... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ......bsp;        AKM Abdul Hakim J Abdur Rouf Chowdhury (Md.) & others……................ Appellants Vs. Mirza Shahabuddin Ispahani and others...................Respondents Judgment March 10, 2010.  Result: ....... 44.  In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ...... appeal by the defendant is directed against judgment and decree dated 17-3-2004 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title Suit No.23 of 1995. 2. Respondent as plaintiff, instituted the aforesaid suit, for a decree, amongst other, declaring the deed of agreeme..

Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13

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