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Abu Bakar Siddique Vs. Md. Khorshed Alam & ors., 2001, 30 CLC (HCD)
....ite Nos. 1, 2 and 25 on contest and ex parte against others giving saham to the plaintiff to the extent of .02 acre from suit plot No. 125 and also gave saham to the defendant No. 25 saham as per his prayer to the extent of 14 katha, 2 chatak. Against the said preliminary decree of the trial Court t......Assistant Judge, 4th Court, Dhaka in Title Suit No. 62 of 1996 should not be set aside and or pass such other or further orders as to this Court may seem fit and proper. 2. Short facts, necessary, for the disposal of the Rule are that the opposite party as plaintiff filed Title Suit No. 306 of 19......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ......this Rule is discharged without any order as to costs on the ground of maintainability with the findings and observations made herein above. Ed. This Case is also Reported in: 54 DLR (2002) 75. ..Category: Property Law | Date: | Hits: 32
Jamir Ali (Md) and Md. others Vs. Secretary, Ministry of Land and others, 1999, 28 CLC (HCD)
.... utilised 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 petiti......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
Atar Ali Miah (Md) Vs. State and Others, 1999, 28 CLC (HCD)
....he injunction matter and rejected the application for temporary injunction and at the same time vacated the order of ad-interim injunction dated 22-4-1999. In the said order learned Judge allowed the prayer of the plaintiff-petitioner in the matter of recalling some tender documents from the office ...... section 115 of the Code of Civil Procedure is a judgment and order dated May 5, 1999 recorded by Senior Assistant Judge, Habiganj Sadar, Habiganj in Title Suit No.78 of 1999 disposing an application for temporary injunction under Order 39, rule 1 of the Code and thereby rejecting the same. 2. Pe...... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120....... In the result, the Rule stands discharged. Order of stay granted at the time of issuance of the Rule stands vacated. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 120...Category: Property Law | Date: | Hits: 34
Mobasher Hossain (Md) and others Vs. Saidur Rahman (Pvt) Ltd. and others, 2002, 31 CLC (HCD)
....s Court on 2nd April 2002. 2. The facts leading to the filing of this petition are that the plaintiff-petitioner earlier filed the instant suit for declaration, injunction and compensation with a prayer for temporary injunction to restrain the defendant from taking over the possession of the afo......Rahman, Advocate‑ For the Petitioner. Khan Saifur Rahman, Senior Advocate‑ For Respondent No. 1. Admiralty Suit No. 12 of 2001. Judgment A B M Khairul Haque J.- This is an application for an order of mandatory injunction, praying for recovery of possession of the vessel MV. Hemayetud......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ......he launch ghat at Gazaria where it was in the morning of 8th April, 2002 within seven days from date. There shall be no order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 51. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 188
Momena Begum Vs. Dhaka City Corporation and others, 2002, 31 CLC (HCD)
....Kaoran Bazar, (first floor), Dhaka. 3. The petitioner also filed an application for temporary injunction under Order XXXIX rules 1 and 2 read with section 151 of the Code of Civil Procedure with a prayer for ad-interim injunction but the trial Court by order dated 18‑5‑1999 rejected the praye......of 1999. 2. The relevant facts may briefly, be stated as follows: That the present petitioner as plaintiff instituted Title Suit No. 91 of 1999 in the 4th Court of Subordinate Judge, Dhaka praying for a declaration of title in respect of the suit shop i.e. shop, No. 180, Kaoran Bazar, (first floo......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43.......m the case of Dr. MO Gani Vs. Dr. ANM Mahmood, 18 DLR (SC) 463. Accordingly, the Rule is discharged, however, without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 43...Category: Property Law | Date: | Hits: 34
Hilly Housing Co-operative Society Ltd. Vs. Akhtaruzzaman Chowdhury and ors., 2001, 30 CLC (HCD)
.... 86 of the Co-operative Society Ordinance, 1984. We find no reason to hold that the suit as framed is barred under the law. The learned Subordinate Judge was thus perfectly justified in rejecting the prayer of the petitioner for rejection of the plaint. The impugned order is found to be well-reasone......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. ......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. ..Category: Civil Law | Date: | Hits: 70
Moyezuddin Sikder and ors. Vs. State, represented by the DC, Khulna, 2007, 36 CLC (HCD)
....riae. 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 a...... 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 same case, held in the judgment: "It is clear that the Court had jurisdiction to go into the question whether the award and decree were without jurisdiction and the order of the High Court remanding the case for a decision in accordance with law was fully justified." 25. Mr. Mahmud......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)
....s is also included in the schedule of the partition suit and that there is scope for deciding as to whether the defendant is a monthly tenant under the plaintiff in the partition suit and allowed the prayer of defendant and stayed the SCC suit till disposal of the Partition Suit No. 8 of 1999. ...... 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. ...... 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. ..Category: Property Law | Date: | Hits: 37
....ntiff No. 1 Sarada Kanta Mistry filed an application on 6-7-1978 before the then Sub-Divisional Officer, Khulna, praying for lease of suit property admitting the suit land as 'vested property'. His prayer for taking lease of the property was rejected on 15-8-1978. Therefore, he cannot claim that......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.
......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.
..
Category: Property Law | Date: | Hits: 27
Puspak Kumar Roy and another Vs. Eldrin Khan and others, 2005, 34 CLC (HCD)
....he Courts below failed to appreciate the scope and application of section 6 of the Rin Salishi Ain (Act No. 15 of 1989) and erroneously decreed the suit declaring the plaintiffs title and allowed the prayer for khas possession. He further submitted that during pendency of the Miscellaneous Appeal No......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. ....... 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. ..Category: Property Law | Date: | Hits: 34
Abul Koyser Vs. Tobarak Ali and others, 2007, 36 CLC (HCD)
....Mannuzan Hossain and others, 35 DLR (AD) 225 found reconveyance colourable show up and paper transaction and upon such view, allowed the appeal, set aside the order of the trial Court and allowed the prayer for preemption by impugned judgment and order. 11. Mr. M Enayetur Rahim, learned Advoc...... judgment and order dated 28-2-05 passed by the District Judge at Sunamgonj in Miscellaneous Appeal No. 12 of 2000, which reversed those dated 29-2-2000 of the trial Court and allowed the application for preemption. 2. Opposite Party No. 1 on or about 13-2-96 made an application under secti......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ......d. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 234 . ..Category: Property Law | Date: | Hits: 28
Moezuddin (Md) Vs. State, 2007, 36 CLC (HCD)
....ly and cited some decisions in support of the impugned order, and accordingly, we have been left with no option other than to meet the points. 11. The learned Additional Sessions Judge allowed the prayer on the reasonings as follows: "বিজ্ঞ পিপি তার দাখিলি ......Kamal, Attorney-General with Saifuddin Md. Aminur Rahim, Deputy Attorney-General— For the State. Criminal Revision No. 231 of 2003. Judgment SK Sinha J.- This Rule at the instance of the informant Md. Moezuddin Kha is against an order of the Additional Sessions Judge, 1st Court, Pabna in ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ...... Sessions Judge, 1st Court, Pabna according consent to withdraw from the prosecution of the accused-opposite party No. 1 is set aside. Ed. This Case is also Reported in: 59 DLR (2007) 122. ..Category: Criminal Law | Date: | Hits: 43
Shahella Chowdhury Vs. National Board of Revenue and others, 2007, 36 CLC (HCD)
....egal effect. 26. When we are faced with such injustice done to a citizen by the Deputy Commissioner of Taxes in his reassessment and imposition of penalty, we could not find any reason to deny the prayer for exercise of our jurisdiction under Article 102(2)(a) (ii) of the Constitution to advance ...... out of which the Rule was obtained are that the petitioner was a regular tax payee having TIN: 34-100-1503/Coys-06, Taxes Zone-2 at Chittagong. 3. After submission of the return by the petitioner for the assessment year 1999-2000 showing a liability of Taka 96,000, the Deputy Commissioner of ta......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ......no legal effect; and they are accordingly quashed. Order of stay granted on 23-506 is also recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 213. ..Category: Fiscal/Taxation Law | Date: | Hits: 69
Dhaka City Corporation and others Vs. Shamsur Rahman and others, 2007, 36 CLC (HCD)
.... corrected even after such declaration and continue to remain as before, with at best a copy of the decree attached with the relevant page. 50. It occasioned no doubt, for the omission in the prayer for correction of the record of rights in the name of the plaintiff. What can be done if the ......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. ......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. ..Category: Property Law | Date: | Hits: 32
Shahidullah (Md) Vs. Eastern Bank Ltd. and others, 2001, 30 CLC (HCD)
....ellaneous Case No. 4 of 1999. 6. The present petitioner filed written objection to the petition filed by the opposite party No. 1 bank. Be that as it may, the learned Artha Rin Adalat allowed the prayer of the plaintiff-opposite party No. 1 bank and restored the suit to its original file and num...... party No. 1 under section 151 of the Code of Civil Procedure restoring the Title Suit No. 139 of 1999 arising out of Title Suit No. 32 of 1995) to its original file and number. 2. The short facts for the purpose of disposal of this Rule are that the opposite party No. 1 as plaintiff instituted T......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41.......ith law and the same shall be disposed of expeditiously, preferably within three months from the date of receipt of the copy of this judgment. Ed. This Case is also Reported in: 54 DLR (2002) 41...Category: Civil Law | Date: | Hits: 69
Mirza Shahab Ispahani Vs. Government of the Peoples’ Republic of Bangladesh, 1987, 16 CLC (HCD)
....the petitioner received a reply from the respondent being memo, dated 4.2.85 (Annexure-R) wherein it has been stated that the Government has examined the petitioner's case thoroughly and rejected his prayer for release of the disputed property. This is the impugned order. 5. Annexure-S is the pho......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)
....nal Chamber of Commerce Brochure No.222. Subsequently dispute arose between the buyer and the seller and the Indian firm brought a Suit alleging that the machinery supplied were not upto mark and a prayer was made to restrain the Russian firm for taking any further step in pursuance of L.C. and fr......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......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72.......on of the judgment is stayed for 4 (four) weeks from date. There will however be no order as to costs. Amirul Islam Chowdhury J. - I agree. Ed. This Case is also Reported in: 40 DLR (1988) 72...Category: Business or Commercial Law | Date: | Hits: 209
....that the plaintiff challenged the award in the garb of a suit without making the statutory security as required under section 33 of the Act.
7. In the second application, may be alternatively, the prayer was for stay of further proceedings of the suit under section 34 of the Act on the ground tha......ode of Civil Procedure against an order dated 24-5-95 passed by Subordinate Judge, 5th Court at Dhaka in Title Suit No. 139 of 1994.
3. Opposite Party No. 1, a limited company, instituted the suit for following declarations as well as perpetual injunctions:
a. Permanent injunction against the ......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17.......Plaint of the suit having been rejected, no separate order needs to be passed on the application of defendant No. 3 for striking out its name.
Ed.
This Case is also Reported in: 54 DLR (2002) 17...
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....st of the defendants and to furnish security bond on the allegation that the defendant in violations of court's order had gone to damage the suit properties. The learned Subordinate Judge allowed the prayer against which the defendants petitioners on an application under section 115(1) of the Code m......r, Bhola in Miscellaneous Case No. 12 of 1996 arising out of Title Suit No. 28 of 1994 directing the petitioners to furnish security bond within 7 days, should not be set aside. 2. Material facts for disposal of the Rule are that the defendants in the original suit are the 2 as plaintiffs instit......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32.......ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32...Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....earance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the case on 21‑9‑93, filed the written objection on 19‑9‑93 with the prayer for acceptance of the same. But the Court kept those in the record with an order to put up th......f 1992 against the opposite parties Nos. 1 and 2 as pre‑emptees under section 96 of the State Acquisition and Tenancy Act. The pre‑emptees opposite parties entered appearance and took adjournment for filing written objection and ultimately 2 days earlier of the date of ex parte hearing of the ca......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29.......preferably within 3 months from the date of receipt of this order by the lower Court. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 29...Category: Property Law | Date: | Hits: 36
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