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Bashir Ahmed and others Vs. Ayub Ali Mollah, 1998, 27 CLC (HCD)
....d decree dated 26-11-1996 passed by the 4th Court of Assistant Judge and SCC Judge, Dhaka in SCC Suit No. 03 of 1994 dismissing the suit. 2. Petitioner as plaintiff instituted the suit in question for ejectment of the defendant-opposite party, a monthly tenant, stating, inter alia, that the suit ......ting the defendant tenant if he does not vacate the suit premises within 60 (sixty) days. Send down the lower Court record at once. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 55. ......, Advocate—For the Petitioners. M Rezaul Karim, Advocate—For the Opposite Party. Civil Revision No. 434 of 1997. Judgment Amirul Kabir Chowdhury J. - This Rule at the instance of the plaintiff-petitioner arises out of an application under section 25 of the Small Causes Court Act, 18..Category: Tenancy Law | Date: | Hits: 148
Jebun Nessa Zaman and Others Vs. Hosne Ara Lili, 2001, 30 CLC (HCD)
....n application under section 115 of the Code of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specifi......uit is dismissed. The order of stay granted at the time of issue of the Rule is recalled. Send down the records at once. Ed. This Case is also Reported in: 53 DLR (2001) 394. ......ode of Civil Procedure against judgment and decree dated 14-07-98 passed by Assistant Judge, 5th Court at Dhaka in Title Suit No.127 of 1997 decreeing the suit for possession. 2. Opposite party as plaintiff instituted the suit under section 9 of the Specific Relief Act for recovery of possession ..Category: Civil Law | Date: | Hits: 82
State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part Two
....e did, she did independently of her husband as printer and publisher of 'Manabjamin'. It is now well settled that Editor, Printer and Publisher of a newspaper must accept the fullest responsibility for everything that is published in the newspaper. So, she is also equally guilty of contempt of C......was framed by the Constituent Assembly in 1956. Here we find a significant change in the form of oath hitherto followed. We have already noticed that after partition of India there were some minor amendments in the Government of India Act, 1935. By GGO 22 of 1947, the fourth schedule was substit......Constitution involve participatory consultative process between the consultees and also with the Executive. It should be effective, meaningful, purposive, consensus-oriented, leaving no room for complaint or arbitrariness or unfair play. The Chief Justice of a High Court and the Chief Justice of..Category: Criminal Law | Date: | Hits: 130
Resource International Vs. MV Sargodha and others, 2001, 30 CLC (HCD)
....h with SK Siddique, Md. Al Amin Sarker Advocates—For the Defendants. Admiralty Suit No. 11 of 1995. Judgment Md. Awlad Ali J.- The plaintiff has brought the suit claiming Taka 25,22,897.91 for damages and late delivery of cargo. Initially, the plaintiff laid the claim for Taka 45,00,962.0......sted by this Court due to the default of the defendants and consequently, the counter-claim is not entertainable and the same is dismissed. Ed. This Case is also Reported in: 53 DLR (2001) 381. ......Haque, Advocates— For the Plaintiff. Muhammad Ohiullah with SK Siddique, Md. Al Amin Sarker Advocates—For the Defendants. Admiralty Suit No. 11 of 1995. Judgment Md. Awlad Ali J.- The plaintiff has brought the suit claiming Taka 25,22,897.91 for damages and late delivery of cargo. In..Category: Admiralty Law or Maritime Law | Date: | Hits: 214
Narayan Chandra Saha and another Vs. Jatindra Chandra Saha and others, 1999, 28 CLC (HCD)
.... against order dated 14-05-98 passed by the Subordinate Judge, First Court, Brahmanbaria in Title Appeal No. 21 of 1985. By the impugned order the Appellate Court accepted the written statement filed for the first time in the appeal by the opposite parties No.1 and 2 who were originally impleaded as......anted by this court at the time of issue of the Rule hereby stands vacated. Let the appeal be heard and disposed of as early as possible. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 5.......na, Advocates—the Petitioners. M Shamsul Alam, Advocate—For the Opposite Party Nos. 1-2. Civil Revision No. 2252 of 1998. Judgment Md. Abdur Rashid J. - This Rule was obtained by the plaintiff against order dated 14-05-98 passed by the Subordinate Judge, First Court, Brahmanbaria in..Category: Procedural Law | Date: | Hits: 66
Anwar Karim and others Vs. Bangladesh Bank and others, 1999, 28 CLC (HCD)
....m and Afzal Karim as well as Focus Fashion Limited, calling upon the respondent Nos.1-3 to show cause as to why inclusion of the names of the petitioner Nos.1 and 2 as defaulters in the CIB (Credit Information Bureau) report of Bangladesh Bank for the liability of the respondent No.5, Jaba Textile M......als on record that the company was non-functioning for the aforesaid period. 5. By Act No.11 of 1997 Bank Company Act, 1991 was amended with effect from 13-3-97. Section 2(ga)(ga) inserted by such amendment provides that a defaulting borrower means any person or institution advance, loan or part ......lity of respondent No. 5 under the borrower code No.9187 is declared to have been made without lawful authority and of no legal effect. Ed. This case is also Reported in: 52 DLR (HCD) (2000) 1. ..Category: Banking Law | Date: | Hits: 121
Oram Limited Vs. Commissioner of Customs Excise and VAT Commissionerate, Dhaka, 2000, 29 CLC (HCD)
.... business of Manufacturing Mosquito Coil under the contracts of manufacture signed between the petitioner and the brand owners of the products namely Reckitt and Colman Bangladesh Limited, as well as for itself. The petitioner is also registered as manufacturer under the relevant provision of the Va....... The Rule has been contested by the respondent No.1 by filing an affidavit-in-opposition stating, inter alia, that the petitioner has misconstrued and misinterpreted the provision of law. As per the amendment made in Rule 3 Vide SRO No.99 dated 15-6-1995 the authority can verify the value by compar......28,688.00 for the period from August, 1995 to May, 1997 are declared to have been made without lawful authority and are of no legal effect. Ed. This Case is also Reported in: 53 DLR (2001) 373. ..Category: Fiscal/Taxation Law | Date: | Hits: 91
Abdur Rahman and others Vs. Md Shamsul Huq and others, 2000, 29 CLC (HCD)
.... 2. The opposite party No.1 as plaintiff instituted Title Suit No.136 of 1999 in the Court of the Senior Assistant Judge impleading the petitioners and opposite parties No.2-31 as defendants praying for a decree for permanent injunction restraining the defendants from dispossessing the plaintiff or......aneous Case No.13 of 2000 under Order 41 rule 19 of the Code of Civil Procedure for re-admission of the appeal. Subsequently the defendant filed an application in Miscellaneous Case No.13 of 2000 for amendment of his application which was rejected by the learned District Judge by the impugned order ......y No.1 to show cause as to why the impugned order dated 4-5-2000 passed by the District Judge, Mymensingh in Miscellaneous Case No.13 of 2000 should not be set aside. 2. The opposite party No.1 as plaintiff instituted Title Suit No.136 of 1999 in the Court of the Senior Assistant Judge impleading..Category: Procedural Law | Date: | Hits: 86
Md. Alimuddin and others Vs. Alhaj Md. Abu Daud, 2010, 39 CLC (AD)
....….........Respondent Judgment January 10, 2010. Lawyers Involved: A. S. M. Khalekuzzaman, Advocate-on-Record-For the Petitioners. Not represented-the Respondent. Civil Petition for Leave to Appeal No.2085 of 2009. (From the judgment and order dated 16.04.2009 passed by the ...... rightly held that there was no illegality in decreeing the suit. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 608. ...... and decree dated 29.04.2004 passed by the learned Senior Assistant Judge, 1st Court, Gazipur in Title Suit No. 230 of 2001 decreeing the suit. 2. The facts, in short, are that the respondent as plaintiff filed Title Suit No. 230 of 2001 against the petitioners as defendants before the learned ..Category: Property Law | Date: | Hits: 36
Amal Chandra Dhupi @ Das and others Vs. Lakshan Chandra Das and others, 2010, 39 CLC (AD)
.... instructed by A.K.M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Mrs. Mahmuda Begum, Advocate-on-Record- For respondent No. 1. Not represented-respondent Nos. 2-8. Civil Petition for Leave to Appeal No. 692 of 2009. (From the Judgment and Order dated 10th August, 2008 passed ......s." The security of Tk. 1000/- is to be deposited within one month. The preparation of the paper book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 605.......aration of title of 2.385 acres of land appertaining to S.A. khatian Nos. 635 and 629, corresponding to R.S. khatian Nos. 31 and 418 of mouja Kaunia respectively as described in the schedule to the plaint. Plaint case in short is that the suit lands appertaining to C.S. khatian No. 8 under khebot ..Category: Property Law | Date: | Hits: 27
Md. Ahia Vs. Md. Azimuddin and others, 2010, 39 CLC (AD)
....olved: Asad Hossain Chowdhury, Advocate instructed by Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. A. K. M. Shahidul Huq, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No. 325 of 2009. (From the judgment and order dated 15.04.2008 passed by the ......judgment of the appellate court which was the last court of fact. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VII ADC (2010) 600. ......se dated 09.10.2001 passed by the learned Joint District Judge, 1st Court, Meherpur in Title Suit No. 3 of 1999 decreeing the suit on contest. 2. The facts, in short, are that the petitioner as plaintiff instituted a suit for specific performance of contract on 06.09.1999 against the respond..Category: Property Law | Date: | Hits: 25
Alekjan Bewa and others Vs. Arefa Bewa and others, 2009, 38 CLC (AD)
....…….........Respondents Judgment December 14, 2009. Lawyers Involved: Md. Mazibar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No. 1344 of 2009. (From the Judgment and order dated 23rd March, 2009 of a Si......the above, we find no merit in the contention of the learned counsel for the petitioners. The petition is therefore, summarily dismissed. Ed. This Case is also Reported in: VII ADC (2010) 593.......tional District Judge affirmed with modification of those of the Courts below. 2. The predecessor of the petitioners instituted the suit for partition claiming a saham of 1.50 acres of land. The plaint case in short is that Habi Mondal and Halim Mondal were the owners of schedule 1 and 2 lands ..Category: Property Law | Date: | Hits: 23
Joynal Abedin Vs. Ali Azam Saibal and others, 2010, 39 CLC (AD)
....thers………………Respondents Judgment January 7, 2010. Lawyers Involved: Zainul Abedin, Advocate-on-Record-For the Petitioner. Not represented-the respondents. Civil Petition for Leave to Appeal No.735 of 2009. (From the Judgment and Order dated 26th January, 2009 passed ...... fabricated one. The learned counsel further contended that the learned Single Judge of the High Court Division erred in law in failing to consider that the deed in question was registered before the amendment of Section 28 of the Registration Act and therefore, there was no legal bar for registrati......spondents No.1-7 instituted Title Suit No.10 of 1999 in the Court of Assistant Judge, Bhedergonj, Shariatpur for declaration of title in respect of .08 acres of land as described in schedule to the plaint with a further declaration that the deed No.1475 dated 18th April, 1985 registered before the..Category: Property Law | Date: | Hits: 21
Government of Bangladesh Vs. Md. Atiar Rahman Khan and others, 2010, 39 CLC (AD)
....sain, Advocate-on-Record- For the Petitioner. Abul Kalam Moinuddin, Advocate, instructed by Md. Nurul Islam Bhuiyan-For Respondent No.1. Not Represented- Respondent Nos. 2-4. Civil Petition for Leave to Appeal No. 2042 of 2009. (From the judgment and order dated 12.5.2008 passed by the ...... is condoned. Preparation of the paper book is dispensed with as prayed for. The petitioner is permitted to add additional ground. Ed. This Case is also Reported in: VII ADC (2010) 587.......udgment and order dated 12.5.2008 passed by the High Court Division in Civil Revision No.1974 of 2003.) Order Surendra Kumar Sinha J. - This petition for leave to appeal at the instance of the plaintiff is against the judgment and order dated 12 May, 2008 of a Single Bench of the High Court D..Category: Limitation Law | Date: | Hits: 149
Gazipur Razzakia Janakallyan High School Vs. Govt. of Bangladesh, 2010, 39 CLC (AD)
.... 4, 2010. Lawyers Involved: A. J. Mohammad Ali, Senior Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-record-For the Petitioner. Not represented- the respondent. Civil Petition for Leave to Appeal No.1963 of 2009. (From the Judgment and order dated 5th August, 2009 of a Sin...... contention of the learned counsel for the petitioner. There is no merit in this leave petition. The petition is therefore, dismissed. Ed. This Case is also Reported in: VII ADC (2010) 581. ......le Suit No.30 of 1995. 2. Petitioner instituted the above suit against the respondent for declaration of title in the suit property measuring 2.67 acres of land as described in the schedule to the plaint. Its' case is that Kali Mohon Sen Gupta, the recorded owner of the suit lands as per request ..Category: Property Law | Date: | Hits: 26
....s.
Horendra Nath Nondi, Advocate instructed by A. K. M. Shahidul Huq, Advocate-on-Record- For Respondent Nos. 1, 3 and 7-11.
Not represented- Respondent Nos. 2, 4-6 and 12-53.
Civil Petition for Leave to Appeal No.63 of 2009.
(From the judgment and order dated the 13th day of October, 20......o prepare paper books out of Court in accordance with Rules.
The order of stay granted earlier is extended till disposal of the appeal.
Ed.
This Case is also Reported in: VII ADC (2010) 577.
......ated 04.06.1997 passed by the Subordinate Judge, 3rd Court, Naogaon in decreeing the suit.
2. The facts involved in the case, in short, are that the land of lot No.1 of 'Ka' schedule land of the plaint belonged to Gadadhar, Gaur and Netai; that before C.S. operation was started Netai died leav..
Category: Property Law | Date: | Hits: 58
Md. Abdur Rouf Vs. Judge of Artha Rin Adalat No.1, Dhaka, 2010, 39 CLC (AD)
....Involved: Nurul Islam Bhuiya, Advocate-on-Record-For the Petitioner. Chowdhury Md. Zahangir, Advocate-on-Record-For Respondent Nos.3-12. Not represented-Respondent Nos.1-2. Civil Petition for Leave to Appeal No.299 of 2009. (From the judgment and order dated 06.01.2009 passed by the H......2003 and the prayer was allowed vide order No.99 dated 02.07.2008. 7. The respondent bank without filing second execution case filed an application under Section 33(7Ka) of Artha Rin Adalat Ain (amendment Ordinance No.39 of 2007 dated 23.13.2007) for giving delivery of possession of the propert......st the judgment and order dated 06.01.2009 passed by the High Court Division in Writ Petition No.7729 of 2008 discharging the Rule. 2. The facts, in short, are that the respondent No.2-Bank as plaintiff instituted Title Suit No.270 of 1986 in the Court of the learned Subordinate Judge and Com..Category: Civil Law | Date: | Hits: 73
Md. Rustom Ullah and others Vs. Md. Zomiruddin and others, 2009, 38 CLC (AD)
....wdhury Md. Jahangir, Advocate-on-Record-For the Petitioners. S. M. Md. Nurul Huda Jaigirder, Advocate, instructed by Syed Mahbubar Rahman, Advocate-on-Record-For the Respondents. Civil Petition for Leave to Appeal No.101 of 2008. (From the judgment and order dated 30.10.2007 passed by the H...... decision and there is no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 541.......ants not to construct any permanent office of the said union parishad at Kamargaon village and also prayed for an order of temporary injunction to the above affect till disposal of the suit. In the plaint of the suit it was stated that a meeting of the said No.4 Digholbagh Union Parishad was held ..Category: Civil Law | Date: | Hits: 72
....া হইল।
বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত ।
সমাপ্ত।
This Case is also Reported in: 61 DLR (2009) 104.
......া হইল।
বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত ।
সমাপ্ত।
This Case is also Reported in: 61 DLR (2009) 104.
......া হইল।
বিচারপতি জনাব আব্দুল আউয়াল: আমি একমত ।
সমাপ্ত।
This Case is also Reported in: 61 DLR (2009) 104.
..
Category: Constitutional Law | Date: | Hits: 117
.... of 1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose ......1991.
Judgment
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of t......
Gour Gopal Saha J. - In this Rule the order dated 20-9-88 passed by the Subordinate Judge and Commercial Court, Chittagong in Money Suit No. 22 of 1987 allowing the prayer for amendment of the plaint has been called in question.
2. Short facts relevant for the purpose of the case are that,..
Category: Civil Law | Date: | Hits: 91
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