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....ribution Company Ltd. is directed against the judgment and Order No. 23 dated 14-11-2000 passed by the learned Subordinate Judge, 4th Court Dhaka in Title Suit No. 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defend......14-11 -2000. It appears that the defendant petitioner and the plaintiff opposite party entered into a contract on 1-2-1979 for supply of gas to the former which was subsequently extended with certain amendment. The amendments were made on mutual consent, which are binding on both the parties. The am...... 276 of 1999 allowing an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defendant petitioner to restore gas connection to the factory of the plaintiff opposite party within 7 days from the date and to submit subsequent gas bills as per meter..
Category: Civil Law | Date: | Hits: 115
....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.......
a. Permanent injunction against the defendants restraining them from taking any legal or other action and/or proceeding on the basis of alleged contracts said to have been entered into between the plaintiff and defendant No. 1 and also on the basis of illegal, malafide and void Award obtained by ..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....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.......994 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 instituted the Title Suit No. 28 of 1994 for declaration of their title in respect of the..Category: Property Law | Date: | Hits: 28
M Mojibul Haque Vs. DG, Bangladesh Bureau of Anti-Corruption & ors., 2001, 30 CLC (HCD)
....hen the petitioner went on leave preparatory retirement, he was posted as the Commanding Officer of the 9th Armed Police Battalion, Khulna. The petitioner appointed respondent No. 6 as the contractor for the electrical wiring of two tin‑shed barracks, construction of 4 latrines, 2 bathrooms and in......l Chanda Dwarkadas Morarka Vs. King, AIR (1948) (PC) 82. In the premises, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 24. ......the petitioner, issued a legal notice dated 14‑2‑2000 on the petitioner calling upon him to withdraw the order of blacklisting for a collateral purpose. The petitioner then filed a petition of complaint directly to the Senior Special Judge, Khulna against the petitioner under section 161 of the ..Category: Anti-Corruption Laws | Date: | Hits: 138
Mirza Anwarul Islam alias Tanu Vs. State, 1999, 28 CLC (HCD)
....dent. Criminal Miscellaneous Case No. 1325 of 1994. Judgment Abu Sayeed Ahammed J.- This Rule was issued on 14-8-94 at the instance of Mirza Anwarul Islam alias Tanu, the accused petitioner for quashing the proceedings of case No. 275C/92, pending before the court of District Magistrate, D......ar dues for telephone use, under section 7(a), (as amended) of the Telegraph Act, 1885. The learned Additional Attorney-General took interest in the conflict and he has enlightened us with the latest amendment as made in section 7 of the Telegraph Act, 1885. So, the learned Counsel for the defaulter......agistrate, Dinajpur Sadar, Dinajpur under section 7A of the Telegraph Act, 1885. 2. Facts in this case, in short, is that, the Accounts Officer, Telephone (Revenue), Rangpur filed a petition of complaint on 20-7-1992 leading to complaint case TR/Court Case/ Special/Dinajpur 4388/ 92-93 for realis..Category: Criminal Law | Date: | Hits: 37
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....- By this application under Article 58(a) of the Representation of the People Order No. 155 of 1972 (PO 155 of 72) the petitioner Dr. Alauddin Ahmed, respondent No. 4 of this election petition, prays for dismissal of the election petition No. 2 of 2001 pending before this Court stating, inter alia, ...... said his petition and it is liable to be dismissed according to Article 58(a) of the People's Order 1972. During pendency of the petition of respondent No. 4, the petitioner filed an application for amendment of the original petition by striking out the respondent Nos. 1‑3 & 8, 9 and also strikin......n up the preliminary matter for hearing and decision prior to the hearing of the election petition. The learned Advocate for the respondent No. 4 submits that the election petition cannot be taken as plaint of Civil Suit and it should be decided according to the People's Order, 1972. In support o..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....hile considering its judgment, if any, ambiguity or omission is noticed. The power can be exercised suo motu and also at the instance of a party………………………….(13) A suit for partition remains pending till passing of the final decree. There would be obviously no bar to t......s, for ends of justice he may kindly be allowed a separate decree for 1.88 acres of land in addition to 0.87 acres of land already given to him. 4. The plaintiff-petitioner accordingly, prayed for amendment of the plaint under Order VI rule 17 of the Code of Civil Procedure which was rejected by ...... Mahmudul Islam, Senior Advocate, along with Probir Neogi, Advocate‑ For the Opposite Parties. Civil Revision No. 2006 of 1992. Judgment NK Chakravartty J.- This Rule at the instance of plaintiff-petitioner No. 2 was issued calling upon the opposite parties to show cause as to why the ..Category: Property Law | Date: | Hits: 34
Shahjahan Ali Khan (Md) and others Vs. Bangladesh, 1999, 28 CLC (HCD)
....quisition of Immovable Property Ordinance, 1982 (Ordinance No.II of 1982) by the Acquisition and Requisition of Immovable Property (Amendment) Act, 1994 (Act No. XX of 1994) should not be struck down for being ultra vires of the Constitution and violative of the principle of natural justice. 2. F...... Judgment Md. Ruhul Amin J. - This Rule has been obtained under Article 102(2) (a) (ii) of the Constitution of the People’s Republic of Bangladesh calling upon respondents to show cause why the amendment of sections 31 and 34 of the Acquisition of Immovable Property Ordinance, 1982 (Ordinance ......ion of Article 116A of the Constitution. In view of the discussion made above the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 99. ..Category: Alternative Dispute Resolution | Date: | Hits: 191
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....Rashid J.- Defendant No. 1 presented the above appeal against the decree dated 30‑4‑2001 passed by the Subordinate Judge, Court No. 3 at Dhaka in Title Suit No. 14 of 2001, which decreed the suit for specific performance of a contract dated 2‑4‑1985. 2. On 23‑5‑1991 respondent No. 1 M......he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......ff instituted the suit for specific performance of a contract and for a 'Kabala' in respect of 1.52 acre of land. 3. Plaint case, in short, is that defendant No. 1 entered into a contract with the plaintiff for sale of 4.06 acres of land at a rate of 3,30,000 per pakhi (=26 decimals) as fully des..Category: Civil Law | Date: | Hits: 78
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
....No. 202 of 1993 with Appeal from Original Decree No. 204 of 1993. Judgment ABM Khairul Haque J.- The First Appeal No. 202 of 1993 and First Appeal No. 204 of 1993 are taken up together for hearing because both the appeals arose from the same transaction although there are two separate...... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ......defendant No. 1, defendant Nos. 4, 5 and 6 on contest. The National Bank Ltd. filed both the appeals. 2. The facts leading to the filing of the above noted two suits, one by Mr. Md. Salauddin, the plaintiff in Title Suit No. 56 of 1987 and the other one filed by Habib Bank Ltd ('HBL' for short) a..Category: Business or Commercial Law | Date: | Hits: 202
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....ভাবে বিবিধ প্রতিকার পাইতে পারে তাহা পাওয়ার ডিক্রী দিতে আজ্ঞা হয়”। 4. Learned Advocate for the petitioner submits that the Courts below erred in law in rejecting the plaint on the ground ......4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......Advocate—For the Petitioner. Rabi Sankar Chakroborty, Advocate—For the Opposite Party. Civil Revision No. 2517 of 1990. Judgment Md. Ruhul Amin J. - The Rule has been obtained by the plaintiff against the judgment and decree dated 15-11-1990 of the Court of Subordinate Judge, Cox’..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....yanganj in Title Suit No. 91 of 1989 decreeing the suit. 2. The opposite party No.1 as plaintiff instituted a suit in the 4th Court of Assistant Judge, Narayanganj being Title Suit No. 91 of 1989, for declaration that order No. 63 dated 11-9-89 dismissing the plaintiff from the post of the Assist......ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......peal No. 60 of 1990 affirming the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989 decreeing the suit. 2. The opposite party No.1 as plaintiff instituted a suit in the 4th Court of Assistant Judge, Narayanganj being Title Suit No. 91..Category: Employment/Service Law | Date: | Hits: 72
Sonali Bank and another Vs. Md. Harun, 1999, 28 CLC (HCD)
.... Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA credit he applied before the local Sonali Bank Feni for establishment o...... 43,000.00 are hereby affirmed with interest at the rate of 8% per annum till realisation. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 75.......and decree passed by the learned Subordinate Judge Feni in Money suit No. 01-1990 who by his judgment dated 31-1-1991 decreed the suit in part. 2. The short fact leading to this appeal is that the plaintiff instituted the suit alleging that for obtaining loan under IDA credit he applied before th..Category: Civil Law | Date: | Hits: 72
Sk Abul Kashem Vs. Abdus Samad Biswas, 1999, 28 CLC (HCD)
....at the instance of the plaintiff under section 115 of the Code of Civil Procedure is directed against an order passed by District Judge, Magura in Title Appeal No.52 of 1996 rejecting the application for withdrawal of the case. 2. The short facts relevant are that, the petitioner being plaintiff ...... appears from the Judgment that the learned Advocate for the plaintiff petitioner also asserted during trial that in a suit for partition cause of action is not necessary and filed an application for amendment of the plaint to that effect by an application dated 4-3-92 which after hearing was reject......ry, Advocate—For the Petitioner. Moazzem Hossain, Advocate—For the Opposite Party. Civil Revision Case No.169 of 1997. Judgment Mahfuzur Rahman J. - This Rule at the instance of the plaintiff under section 115 of the Code of Civil Procedure is directed against an order passed by Di..Category: Property Law | Date: | Hits: 30
.... they are paying rent to the government. While they were living peacefully in the case land a notice was served upon their predecessor on 22-12-82 who after receipt of the notice filed an objection before the respondent No.3. Respondent No.3 by its letter dated 3-1-83 rejected the objection filed by......use originally belonged to Begum Nessa Bibi who sold the same to Ali Akbar their predecessor, in which they are in possession. From the judgment, it also appears that the prayer of the petitioner for amendment of the petition dated 7-9-97 for reading the name of the vendor of the Kabala as Begum Nes......f Public Works and Urban Development for information at once.
In the result, the Rule is made absolute without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 67...
Category: Property Law | Date: | Hits: 28
Dr Abeda Begum and others Vs. Public Service Commission and others, 2006, 35 CLC (HCD)
....64 Cal 265, 272; Shearer vs. Shield 1914AC 808; Dr. Nurul Islam vs. Bangladesh 1981 BLD (AD) 140 = 33 DLR (AD) 201; Mansurul Aziz and another vs. Secretary, Ministry of Land Administration and Land Reforms and others 1981 BLD (AD) 75; Khondker Moshtaque Ahmed vs. Bangladesh 1982 BLD (AD) 39 =34 DLR ......el. It is further decided that the 30% quota reserved for the freedom fighters and their children cannot be filled up by other candidates and that to ensure the filling up of the quota, if necessary, amendment of the Rules, procedure and directives should be made. So, the very purpose of this partic...... expeditiously. Communicate a copy of the judgment immediately to the respondent No. 1 PSC for taking necessary steps expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 182. ..Category: Employment/Service Law | Date: | Hits: 134
Kadam Ali Bhuiyan (Md) Vs. Begum Saheda Nur, 2007, 36 CLC (HCD)
....um Saheda Nur……………………..Opposite-Parties Judgment February 15, 2007. Result: The Rule is made absolute Right to easement If a pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nob......er at the time of issue of the Rule on 20-4-1999 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 59 DLR (2007) 175; 13 MLR (HCD) (2008) 242. ...... pathway is used for egress and ingress from his (her) land by anybody for more than twenty years as an easement, nobody or authority is entitled to close such pathway. If such pathway is closed, the plaintiff will be entitled to get such obstructions removed. Lawyers involved: Md. H..Category: Property Law | Date: | Hits: 30
AVP, Uttara Bank Ltd. Vs. Shahabuddin Khan and others, 2006, 35 CLC (HCD)
....f, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assistant Judge, Mymensingh Sadar in which the petitioner was the defendant No. 3 for declaration that the order of dismissal of the plaintiff-opposite party No.1 from the service vi......n with him; that he as an Officer Grade II used to get first class traveling allowance; that after recovery from the ailment he joined in Khulna Branch on 7-10-1990 and performed his duty. After such amendment of the plaint the contesting defendant No. 3 filed additional written statement denying th......enior Assistant Judge, Gafargaon, Mymensingh in Other Suit No. 53 of 1994 decreeing the suit. 2. The facts leading to the issuance of the Rule, in brief, are that the opposite party No. 1 as a plaintiff filed Other Class Suit No. 196 of 1992 in the Court of the Senior Assistant Judge, Mymensi..Category: Employment/Service Law | Date: | Hits: 69
Torab Ali (Md) Vs. Government of the People's Republic of Bangladesh and Others, 2005, 34 CLC (HCD)
.... Class Suit No. 82 of 1994 dismissing the suit. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in the Court of Assistant Judge, Gouripur for cancellation of the order pronounced ex parte on 23-6-72 in Miscellaneous Case No. 221 of 1969 b......-charge), Gouripur passed in Other Class Suit No. 82 of 1994 are affirmed. Stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 59 DLR (2007) 154. ...... No. 18 of 1997 reversing those dated 23-11-1996 and 28-111996 respectively passed by the Assistant Judge (in-charge), Gouripur in Other Class Suit No. 82 of 1994 dismissing the suit. 2. The plaintiff-appellant-opposite party No. 1 (Government) initiated Other Class Suit No. 82 of 1994 in t..Category: Property Law | Date: | Hits: 32
Monir Hossain Vs. Artha Rin Adalat No.4, Dhaka & others, 2010, 39 CLC (AD)
....hasanul Karim, Advocate (Khairul Alam, Advocate with him), instructed by Mvi. Md. Wahidullah, Advocate-on-Record- For Respondent No. 2. Not represented- Respondent Nos.1, 3-10. Civil Petition for Leave to Appeal No. 1101 of 2009. (From the judgment and order dated 20.04.2009 passed by the......rit petition is not legally maintainable. We, therefore, find no reason to interfere with the same. The petition is accordingly dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 236. ......respondent No. 4 is the Managing Director and the respondent Nos. 5 and 6 are the Directors. The father of the petitioner as the guarantor mortgaged the suit property described in the schedule to the plaint. In order to expand the said business the respondent No. 5 (defendant No. 3) on 22nd Septembe..Category: Civil Law | Date: | Hits: 78
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