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Bhashani Mondal Vs. Md. Abdus Sukur and others, 2010, 39 CLC (AD)
....ion in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant Judge, 3rd C......uit was in possession. 18. It further appears that although in the original plaint the plaintiff of the present suit made a prayer for declaration of title but ultimately deleted that prayer by an amendment and allowed the suit to proceed with the only prayer for declaration that the judgment dec......Court Division in Civil Revision No.3535 of 2000 making the Rule absolute. 2. The facts, in short, are that the appellant is defendant No.1 in Title Suit No.249 of 1998 which was instituted by the plaintiffs for declaration that the judgment and decree passed by the learned additional Assistant J..Category: Property Law | Date: | Hits: 39
Md. Shahjahan Ali Vs. The Chairman, Labour Court, Rajshahi, 1987, 16 CLC (HCD)
....on dated 7.1.86 of the Chairman of the Labour Court, Rajshahi in Complaint Case No. 58 of 1985 converting an order of dismissal of the petitioner into an order of termination. 2. Facts necessary for disposal of the rule which lie within a narrow campus may be stated as follows:- 3. The petit...... For all these reasons we do not find any substance in this rule. The rule is, accordingly, discharged without any order as to costs. Ed. This Case is also Reported in: 40 DLR (1988) 132. ......endu Bikash Roy Chowdhury J.- This rule arising out of a petition under Article 102 of the Constitution is directed against a decision dated 7.1.86 of the Chairman of the Labour Court, Rajshahi in Complaint Case No. 58 of 1985 converting an order of dismissal of the petitioner into an order of ter..Category: Labour and Industrial Law | Date: | Hits: 124
Sonali Bank Vs. Rana Oil Mill and ors., 1999, 28 CLC (HCD)
.... against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr. Abdur Razzak, Subordinate Judge, Artha Rin Adalat, Feni, in Artha Rin Money Suit No.1 of 1990 decreeing the suit in part for an amount of Taka 5,67,540.00. 2. The plaintiff, Sonali Bank, brought this suit for recovery ......0 is hereby set aside and the suit is also dismissed with costs of appeal and the suit. Send down the lower court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 130. ......li, Advocate—For the Appellant. Abdul Awal, Advocate—For the Respondents. Appeal from Original Decree No. 589 of 1991. Judgment Md. Abdul Aziz J. - This appeal at the instance of the plaintiffs is directed against the judgment dated 31-1-1991 and decree dated 23-2-1991 passed by Mr...Category: Civil Law | Date: | Hits: 85
Haji Arshad Ali Kari Vs. Asmat Ali Hawlader and others, 2008, 37 CLC (AD)
....vernment of Bangladesh Vs. Jalaluddin Ahmed, 37 DLR (AD) 27. Lawyers Involved: Syed Mahbubar Rahman Advocate-on-Record-For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 642 of 2007. Judgment Mohammad Fazlul Karim J.- This petition for lea......above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 318. ......l No. 126 of 1992 affirming those dated 26.05.1992 passed by the Senior Assistant Judge, Perojpur in Title Suit No.211 of 1984 dismissing the suit. 2. The facts of the case, in short, are that the plaintiff instituted Title Suit No.211 of 1984 in the Court of Senior Assistant Judge, Perojpur for ..Category: Property Law | Date: | Hits: 30
Giyash Uddin Vs. Martuza Bibi and ors., 2010, 39 CLC (AD)
....: Mahbubey Alam, Senior Advocate instructed by Chowdhury Md. Zahangir, Advocate-on-Record-For the Petitioner. (In both cases) Not represented- the Respondents. (In both cases) Civil Petition for Leave to Appeal No. 856 & 857 of 2006. Judgment Md. Abdul Matin J.- Both the Civil Petiti......below on proper assessment of evidence causing no failure of justice. We find no substance petitions which are accordingly dismissed. Ed. This Case is also Reported in: 18 BLT (AD) (2010) 316.......7 of 1992 (heard analogously with Title Suit No.14 of 1992) dismissing the suit. 2. The facts, in short, are that the Title Suit No.14 of 1992 was filed by the predecessor of the opposite party as plaintiff impermanent injunction, restraining the defendant of the said suit from demolishing pucc..Category: Property Law | Date: | Hits: 33
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
....ed only 14 bighas of land, 6 bighas and 13 decimals of land remained unutilised in spite of decision of the Government taken on 2-6-88 to utilise the same within three years and petitioner’s prayer for release of the same was not heeded to by the respondent No. 5. Further case of the petitioners i......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ......d in 50 DLR (AD) 11. In the result both the Rules are discharged without any order as to costs. Order of injunctions stand vacated. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 125. ..Category: Property Law | Date: | Hits: 27
Farzana Moazzem Vs. Securities and Exchange Commission and others, 2001, 30 CLC (HCD)
....kaging Limited through respondent No. 6, Trusty Associates Company Limited, Member No. 162, Dhaka Stock Exchange, respondent No. 5, at a price of Taka 1,10,90,870 at the rate of Taka 180.11 per share for which respondent No. 6 as broker received Taka 22,181.74 as brokerage from the above sale procee...... above terms without any order as to costs. Let copies of the judgment be expeditiously sent to respondents No.1 and 3 for necessary action. Ed. This Case is also Reported in: 54 DLR (2002)66.......the petitioner, DSE is not entitled to avoid payment of the outstanding amount to the petitioner through respondent No. 6 by raising the plea of the said Title Suit and the injunction Obtained by the plaintiffs of the suit against the DSE, particularly when the contracts in respect which the said su..Category: Business or Commercial Law | Date: | Hits: 210
Khondaker Modarresh Elahi Vs. Government of the People’s Republic of Bangladesh, 2000, 29 CLC (HCD)
....urt of Bangladesh. By this petition he seeks to protect his fundamental right and that of other citizens threatened to be violated by calling and observing “hartal” on 18-4-99 as in the past, and for a declaration that calling and the holding of what has come to be known as “hartal” is uncon......I concur with the judgments delivered by my learned brothers Mainur Reza Chowdhury and Syed JR Mudassir Hussain, JJ, in discharging the Rule. Ed This Case is also Reported in: 54 DLR (2002) 47. ...... and cannot be supported as a fundamental right of freedom and peace and expression of assembling peaceably and without arms, protected by Article 19(l)(a) and (b) of the Constitution. The further complaint is that by the calling of the bundh the holding of it citizens are prevented from doing to th..Category: Constitutional Law | Date: | Hits: 216
City Sugar Industries Ltd. and others Vs. Human Rights and Peace for Bangladesh, 2010, 39 CLC (AD)
....Limited......................Petitioner (In Civil Petition No.763 of 2010). Heidelberg Cement Bangladesh Ltd.........Petitioner (In Civil Petition No.781 of 2010). Vs. Human Rights and Peace for Bangladesh (HRPB) represented by the Secretary of the Executive Committee, Asaduzzaman Siddiqui ...... owned by Narayanganj River Port under the authority namely respondent No.3 and such demarcation of land of Narayanganj River Port have been made as per the provisions of the Ports Act, 1908 with the amendment made thereto from time to time, lastly being on 19.10.2004, as applicable in the instant&n......i.e. let the safety of the people be the Supreme law. We find no substance in these petitions which are accordingly dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 389. ..Category: Environmental Law | Date: | Hits: 344
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
....f Civil Procedure. 2. Opposite Party No. 1 as plaintiff instituted Other Class Suit No. 68 of 1999 in the 1st Court of Subordinate Judge, Sadar Chittagong against the petitioner and others praying for a decree for specific performance of a contract in respect of sale of the suit property. 3. ......ll-reasoned and well-supported by the materials on record. We find no substance in the application. The application is rejected summarily. Ed. This Case is also Reported in: 54 DLR (2002) 46. ...... Court of Subordinate Judge, Chittagong in Other Class Suit No. 68 of 1999 rejecting the petitioner’s application under Order 7 rule 11 of the Code of Civil Procedure. 2. Opposite Party No. 1 as plaintiff instituted Other Class Suit No. 68 of 1999 in the 1st Court of Subordinate Judge, Sadar Ch..Category: Civil Law | Date: | Hits: 70
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
.... Criminal Miscellaneous Case No. 3875 of 2007. Judgment Nozrul Islam Chowdhury J.- On 29-3-2007 this application under section 498 of the Code of Criminal Procedure with a prayer for anticipatory, bail was placed before this Court in connection with GR Case No.8 of 2007 arising ......the Additional Attorney-General. Before proceeding with the question of jurisdiction of this Court, we choose to quote the provision of law which, is being considered by this Court and the same is an amendment to Jaruri Khamata Bidhimala 2007 namely, the said Rules made by SRO 30-Ain/2007 published ......n with a non-obstante expression. Accordingly, the question raised at the Bar is hereby resolved with the observations as above. Ed. This Case is also Reported in: 59 DLR (2007) 287. ..Category: Criminal Law | Date: | Hits: 50
Dr. Ahmed Majid Vs. Abdul Latif @ Suruj Ali, 2006, 35 CLC (HCD)
.... about the legality of order dated 24-10-2001 passed by the Senior Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2. Facts relevant for disposal of the Rule are as under. 3. The petitioner as plaintiff instituted Small Causes...... Court is directed to proceed with the suit in accordance with law. No costs. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 59 DLR (2007) 282. ......Assistant Judge and the Court of Small Causes, Sadar, Mymensingh in Small Causes Court Suit No. 13 of 2000. 2. Facts relevant for disposal of the Rule are as under. 3. The petitioner as plaintiff instituted Small Causes Court suit No. 13 of 2000 (hereinafter referred to as the SCC suit..Category: Property Law | Date: | Hits: 37
....For the Petitioners.
Rabiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision No. 4063 of 2000.
Judgment
Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (t......le is hereby recalled and vacated.
There is no order as to costs.
Send down the lower Court record at once.
Ed.
This Case is also Reported in: 59 DLR (2007) 270, 26 BLD (HCD) (2006) 634.
......abiul Alam Chowdhury Advocate—For the Opposite Parties.
Civil Revision No. 4063 of 2000.
Judgment
Quamrul Islam Siddiqui J.- This Rule was issued on an application for revision made by the plaintiff-petitioner under section 115(1) of the Code of Civil Procedure (the Code) against the judg..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....003 dismissing the appeal and affirming those dated 30-1-2003 passed by the learned Assistant Judge, Dakope, Khulna, in Title Suit No. 87 of 2000 decreeing the suit. 2. Short facts necessary for disposal of the Rule are, that admittedly the suit property belonged to Chandi Charan Roy who di....... The order of stay granted earlier by this Court dated 10-4-2004 is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 59 DLR (2007) 263. ...... behind one son, the defendant No. 15 and a widow, the defendant No. 16. The defendant No. 15 sold one acre of land by a kabala deed dated 17-5-1982 at a consideration of Taka 13,000 in favour of the plaintiff Nos. 1 and 2. The defendant No. 16 sold 1 acre of land at a consideration of Taka 12,000 b..Category: Property Law | Date: | Hits: 34
Shaherunnessa Vs. Shamsunnahar, 2007, 36 CLC (HCD)
....ed 11-8-03 passed by Additional District Judge, Court No. 3 at Chittagong in Other Appeal No. 543 of 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposite party as p...... the decree of the trial Court decreeing the suits are hereby set aside and both the suits are dismissed. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 217. ......f 2002, and No. 535 of 2002 respectively, which confirmed the judgment and decree of the trial Court for khas possession of the suit premises after eviction of the defendants. 2. Opposite party as plaintiff on 10-8-2000 instituted a suit being OS Suit No. 138 of 2000 in the First Court of Subordi..Category: Property Law | Date: | Hits: 35
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
....sed by Additional District Judge and Bankruptcy Court at Dhaka in Title Appeal No. 393 of 2004, which reversed the judgment and decree dated 6-1104 of the trial Court and decreed the suit as prayed for. 2. Later Rule was obtained by defendant No. 4 upon similar revision application against ......ring with peaceful possession of the plaintiff in the suit land, in any way, as prayed for. Send down the records, at once. Ed. This Case is also Reported in: 59 DLR (2007) 207. ......n similar revision application against same judgment and decree of reversal. Defendant No. 4 appears to be a multipurpose co-operative society of motor parts owners. 3. Opposite party No. 1 as plaintiff on 27-11-02 instituted a suit being Title Suit No. 308 of 2002 against the petitioners and..Category: Property Law | Date: | Hits: 32
Abdul Halim (Md.) Vs. Abul Hasan Chowdhury Kaiser and others, 2001, 30 CLC (HCD)
....sport No. 701185593 and thus became disqualified to contest the parliamentary election held on 12-6-1996 and also to continue as a member of parliament in view of Article 66(2)(c) of the Constitution for acquisition of citizenship of a Foreign State. Similarly, the petitioner in Writ Petition No. 32...... but it came into force with effect from 26th March,1971. This law initially did not provide for acquisition of dual citizenship by a citizen of Bangladesh until Article 2B was incorporated by way of amendment to the Presidents Order 149 of 1972 on 11-2-1978. But the Constitution of the Peoples Repu......ave become infructuous. In the result, the Rules in both the writ petitions are discharged being infructuous without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 42...Category: Administrative Law | Date: | Hits: 356
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....an and others, P.L.D. 1975(S.C) 397; Zamiruddin Ahmed vs. Government of the People's Republic of Bangladesh 1981 BLD (HCD) 307= 1981 BCR 318. Lawyers Involved: Rafiqul Huq with Md. Fazlul Haque-for the Petitioner. Syed J.R. Modassir Hossain, Deputy Attorney General-for the Respondent. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ......tore the disputed property to the possession of the petitioner within three months from date. Mohammad Ismail Uddin Sarker J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 87. ..Category: Immigration and Citizenship Law | Date: | Hits: 188
Janata Bank Vs. M/S Ahmedia Garments, 1987, 16 CLC (HCD)
....gment Anwarul Hoque Chowdhury J.- This appeal is directed against an order dated 21.6.86 passed in money suit no. 116 of 1985 by the 3rd subordinate judge, Dhaka attaching the schedule property before judgment. 2. Facts leading to this in short are that M/S. Ahmedia Garments instituted a suit......ch a revocable credit has been made available for sight payment, acceptance or negotiation for any payment, acceptance or negotiation made by such branch or bank prior to receipt by it of notice of amendment or cancellation, against documents which appear on their face to be in accordance with the......nd 2 namely M/S Yama Moto & Co. Ltd. a company situated with its head office at Japan and pioneer industrial, authorised agent of M/S. YAMA MOTO for damages arid compensation on the ground that the plaintiff while carrying on the business of manufacturing various types of ready made garments for..Category: Business or Commercial Law | Date: | Hits: 209
M/s. Ayat Ali Bhuiyan & Company Ltd. Vs. Janata Bank, 1987, 16 CLC (HCD)
....an Khan Advocate, with S.A.Haider Chowdhury, Advocate - For the petitioner. Kazi Golam Mahbub, Advocate — For opposite party. Civil Revision No. 96 of 1987. In the matter of an application for stay. And in the matter of an application under Section 115 of the Code of Civil Procedure, 1908......bservation made above. Therefore, we make Rule absolute in the above terms without any order as to costs. ARM Amirul Islam J.- I agree. Ed. This Case is also Reported in: 40 DLR (1988) 56.......1986 till the disposal of Money Suit No. 108 of 1986. 3. The learned Advocate appearing in support of this Rule submitted first, that the matter in issue in Title Suit No.287 of 1986 is not in the plaint of Title Suit No.108 of 1986 in issue and as such the impugned order is not calked for in as ..Category: Civil Law | Date: | Hits: 88
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