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Ismail (Md) Vs. Motasim Ali Chowdhury, 2000, 29 CLC (HCD)
....emand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaration of title and recovery of Khas possession with respect to property described in sched...... by the learned Advocate from the side of the defendant petitioner that direction was recorded by the High Court Division in Civil Revision No.826 of 1989 which was directed against an order allowing amendment of the plaint at the instance of the plaintiff opposite party to dispose of the suit withi......re. 2. The decision proposed to be given in this Civil Revision Petition does not demand a detailed recounting of facts except that sole opposite party No.1 of this Civil Revision petition as sole plaintiff laid a suit being Title suit No.326 of 1982 in First Court of Munsif, Dhaka for declaratio..Category: Property Law | Date: | Hits: 27
Abul Kashem Vs. Executive Engineer & others, 2000, 29 CLC (HCD)
....ve Engineer & others……………Opposite Parties Judgment January 26, 2000. Lawyers Involved: Syed Ziaul Karim, with Md Salauddin Talukder and Syeda Maimuna Begum, Advocates—for the Petitioner. A Hasib with MA Tariq, Advocates—for the Opposite Parties. Civil Revisi......therwise ready. The Learned Advocates either for the petitioner or for the opposite parties mention the matters for fixing a date of hearing. Ed. This Case is also Reported in: 53 DLR (2001)186. ......ing the order dated 2-11-1999 recorded by a learned Single Judge disposing of Civil Revision cases in terms of conditions laid down in paragraph No.4 of a petition of compromise allegedly between the plaintiff-petitioner of the four Civil Revision cases and the defendant-opposite-party Nos.3-5 of th..Category: Property Law | Date: | Hits: 21
....r section 115 of the Code of Civil Procedure is an order dated July 18, 1999 recorded by learned District Judge, Moulvibazar in Title Appeal No. 5 of 1999 rejecting a petition presented by petitioner for condonation of delay of 1038 days and thus, dismissing the appeal.
2. The decision proposed t......costs.
The order of maintenance of status quo till disposal of Civil Revision Petition granted by this Court on 17-11-1999 stands vacated.
Ed.
This Case is also Reported in: 53 DLR (2001) 183.......
2. The decision proposed to be recorded in this Civil Revision petition does not call for a detailed recounting of facts except that opposite party Nos. 1 to 12 of this Civil Revision petition as plaintiffs laid a suit being Title Suit No. 18 of 1995 impleading petitioners and opposite party Nos..
Category: Limitation Law | Date: | Hits: 152
Mir Hossain @ Amir Hossain and Others Vs. Alifa Khatun and Others, 2009, 38 CLC (AD)
....e Petitioners (In both cases). Mahmud Islam, Senior Advocate, J.N. Deb, Advocate with him instructed by Mrs. Sufia Khatun, Advocate-on-Record-For the Respondents (In both cases). Civil Petition for Leave to Appeal Nos.1265-66 of 2009. Judgment Shah Abu Nayeem Mominur Rahman J. - These ......h Court Division, since they can place their respective cases before the Court below. Accordingly the leave petitions are dismissed. Ed. This Case is also Reported in: 30 BLD (AD) (2010) 46. ......ur Rahman J. - These two leave petitions arose out of Title Suit No.73 of 1997 filed in the Court of Assistant Judge, Sadar, Feni, seeking declaration that the judgment and decree obtained by the plaintiff of Title Suit No. 16 of 1985 is collusive, ineffective and void and not binding upon the..Category: Property Law | Date: | Hits: 79
Dr SKM Joynal Abedin Vs. Bangladesh, 2010, 39 CLC (AD)
....im) instructed by MG Bhuiyan, Advocate-on-Record—For the Petitioner. Md. Nawab Ali, Advocate-on-Record—For the Respondent Nos. 8-11. Not represented—Respondent Nos. 1-7. Civil Petition for Leave to Appeal No. 2045 of 2009. (From the judgment and order dated 12-8-2006 passed by the ......n to get the order of injunction and rightly rejected the same. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 143.......Court Division in First Miscellaneous Appeal No. 401 of 2008 with Civil Rule No. 675 (FM) of 2008 dismissing the appeal and discharging the Rule. 2. The facts, in short, are that the petitioner as plaintiff instituted Title Suit No.1605 of 2008 in the Court of the learned District Judge, Dhaka fo..Category: Property Law | Date: | Hits: 44
Md. Mozaffer Rahman and other Vs. Government of Bangladesh and another, 2010, 39 CLC (AD)
....ammel Haque, Advocate instructed by Md. Aftab Hossain, Advocate-on-Record- For the Petitioners. (Appeared with the leave of the Court) Not represented- the Respondents. Civil Petition for Leave to Appeal No.28 of 2009. (From the Judgment and order dated the 29th day of July, 2......the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. This Case is also Reported in: 15 MLR (AD) (2010) 170. ......and in favour of one Darkanath Dev and others but for arrears of rents ex-landlord has taken back the land in his khas possession from the aforesaid tenants. On 27.11.1951 B.S. the predecessor of the plaintiff namely Kalimuddin Mondal took pattan of the suit land as described in schedule 'Ka' of the..Category: Property Law | Date: | Hits: 28
....y-General-For the Respondents.
Writ Petition No. 145 of 2001.
Judgment
Syed Amirul Islam J.- Let the supplementary affidavit dated 14-5-2001 on behalf of the petitioner No. 1 be formed part of the main application.
2. In this petition there are two petitioners namely, Mr......ginal Constitution in Article 95(1) contained a provision for consultation with the Chief Justice before making any appointment of Judges in either of the Divisions. That position continued until 4th amendment came into force. The provision for consultation with the Chief Justice was deleted by the ...... and day out during the tenure of their office.
In view of our aforesaid discussions, the application is summarily rejected.
Ed.
This Case is also Reported in: 55 DLR (2003) 332.
..
Category: Constitutional Law | Date: | Hits: 126
Khaleda Rahman & another Vs. Integrated Services Limited and others, 1999, 28 CLC (HCD)
....ive Board Meetings and some other important decisions were taken and it was also decided to amend the company’s Memorandum and articles of Association. The copy of the resolution dated 22-2- 98 was forwarded to the Directors and shareholders of the company but none raised any objection to that. Th...... No. 116 of 1999. The Subordinate Judge, 1st Court, Dhaka is hereby directed to dispose of the injunction matter on merit expeditiously. Ed. This Case is also Reported in: 53 DLR (2001) 161. ......Title Suit No. 116 of 1999 who by the said order restrained the appellants by an order of ad interim injunction from interfering and disturbing with the business, administration and management of the plaintiff No.1 company and from giving effect to the resolution of the Board Meetings dated 15-4-99 ..Category: Business or Commercial Law | Date: | Hits: 207
Bibhu Ranjan Das Vs. Hakim Ali and others, 2000, 29 CLC (HCD)
....resent petitioner was not a party, either in the Title Suit or in the Miscellaneous Case. He was engaged in those as a lawyer, instructed by the plaintiff opposite party No. 8. The suit was dismissed for want of prosecution. Subsequently, upon an application filed by the plaintiff opposite party No.......িতে পারিবে।” Be expunged from the impugned judgment and order. There will be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 114. ......990 arising out of the Title Suit No. 49 of 1986. The present petitioner was not a party, either in the Title Suit or in the Miscellaneous Case. He was engaged in those as a lawyer, instructed by the plaintiff opposite party No. 8. The suit was dismissed for want of prosecution. Subsequently, upon a..Category: Civil Law | Date: | Hits: 80
Arabinda Das Vs. Sura Bala Das and others, 1999, 28 CLC (HCD)
....r 19, 1981 passed in Miscellaneous Case No. 96 of 1981 under the provision of rule 9 of Order 22 of the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as p...... The order of stay granted at the time of issuance of the Rule stands vacated. Communicate the order to the Court below at once. Ed. This Case is also Reported in: 53 DLR (2001) 97. ...... the Code of Civil Procedure. 2. The decision proposed to be given in this Rule does not call for any detailed recounting of facts except that predecessor of the opposite party Nos. 1 and 2 as plaintiffs laid a suit being Title Suit No. 199 of 1960 in the Second Court of Munsif, Brahmanbaria ..Category: Property Law | Date: | Hits: 28
Nafisa Choudhury Vs. United Food Complex Ltd. and another, 2000, 29 CLC (HCD)
....nd that the hatchers and incubators of the petitioner and the respondent No.3 will be taken over by the company and the company will pay the petitioner the actual cost of machines and spate parts as aforesaid and installation charge of Taka 3,00,000.00 by issue of stock debenture and in Case of defa......-F & G to BSRS vide its letter dated 1-11-98 and the resolution adopted at the extraordinary general meeting held on 9-6-98 was submitted to the Registrar, Joint Stock Companies for recording the amendment of Articles 101(a) and 145 of the Articles of Association on 24-6-98. The BSRS by their le......efend, settle, compound, submit to arbitration, compromise, withdraw any suits, actions, accounts, claims and demand whatsoever whether arising from any legal proceeding or not and to sign and verify plaints, written statements, petitions, application and vakalatnama and powers authorising legal pra..Category: Business or Commercial Law | Date: | Hits: 198
Jarina Khatun & others Vs. Gani Howlader & others, 2000, 29 CLC (HCD)
....tle Appeal No. 298 of 1993 affirming those dated 12-9-1993 passed by Assistant Judge at Bakhergonj in Title Suit No. 143 of 1984 dismissing the suit. 2. The plaintiff Tayeb Ali instituted the suit for declaration of his title in the suit land and also for a declaration that the VP Case initiated ......ed the appeal thereupon. 12. Mr Abdus Sobhan Tarafder, the learned advocate appearing for the petitioners, drew my attention to the fact that in the appeal, the petitioners made an application for amendment of the plaint on the ground that aforesaid PW 1 did not make such a statement that his fat...... 2-7. Deb Das Samadder with Tapash Kumar Biswas, Advocates—For the Opposite Party Nos. 1 & 8. Civil Revision No.172 of 1997. Judgment Md. Abdur Rashid J.- This Rule was obtained by plaintiff upon making an application under section 115 of the Code of Civil Procedure against judgme..Category: Property Law | Date: | Hits: 22
Sonali Bank and others Vs. Md. Jalaluddin and another, 2000, 29 CLC (HCD)
.... plaintiff was dismissed from service under the service rules of the Bank. 3. On 17-11-85 the plaintiff instituted Other Class Suit No. 265 of 1985 in the Court of Senior Munsif at Kishoreganj for a decree for declaration that his dismissal from service was illegal, void and not binding upon ......tion 9 of the Code as the jurisdiction of Civil Court stands impliedly ousted by the SO Act. Secondly, the defendant Bank having been brought within the ambit of the Administrative Tribunal Act by an amendment dated 25-09-84, the plaintiff could have gone to an Administrative Tribunal under section ......, at Sadar, Kishoreganj in Review Case No. 20 of 1990. 2. Facts are not disputed. On 22-01.7 opposite party-Plaintiff joined the defendant Bank as typist in Kishoreganj Branch. On 09-05-81 the plaintiff was put under suspension pending decision of a police Case lodged against him by the said ..Category: Administrative Law | Date: | Hits: 165
....vocate—For Respondent No.4.
Writ Petition No. 95 of 2000.
Judgment
Syed JR Mudassir Hussain J.- Petitioner No.1 Meridian International Limited Company and petitioner No. 2 the former tenants of the respondent No. 4 obtained the Rule Nisi calling upon the respondents to show c......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
......ful and proper.
In the result, the Rule is discharged with costs of Taka 20,000.00 (twenty thousand) against the petitioners.
Ed.
This Case is also Reported in: 53 DLR (2001) 35.
..
Category: Property Law | Date: | Hits: 31
Islami Bank Bangladesh Ltd. and others Vs. Abdul Jalil and others, 1999, 28 CLC (HCD)
....f 1999. Judgment Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejection of the plaint passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No. 42 o...... in his decision occasioning failure or justice and as such, the impugned order is liable to be set aside and is accordingly, set aside. Ed. This Case is also Reported in: 53 DLR (2001) 29. ......nt Mozammel Hoque J.- This Rule was issued calling upon the opposite parties No. 1 to 40 to show cause as to why the order No. 12 dated 27-7-1999 rejecting an application for rejection of the plaint passed by the Subordinate Judge, 5th Court, Dhaka in Title Suit No. 42 of 1999 should not be ..Category: Property Law | Date: | Hits: 61
Shaid Hamid and another Vs. Nilufar Momtaz and others, 2009, 38 CLC (AD)
....titioners. Abul Kalam Mainuddin, Advocate, instructed by Chowdhury Md. Zahangir, Advocate-on-Record- For Respondent No.1. Not represented- Respondent Nos. 2-9. Civil Petitioner for Leave to Appeal No. 888 of 2008. (From the judgment and order dated the 6th day of August......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: 15 MLR (AD) (2010) 130. ......ce how the writ-respondent No.6 Cantonment Executive Officer could issue the impugned letter asking the writ-petitioner to vacate the flat is not understood. In such situation, after rejection of the plaint, the writ-petitioner had no efficacious remedy to protect her possession in the flat and acco..Category: Property Law | Date: | Hits: 26
Md. Ismail alias Haji Md. Ismail Vs. State and another, 2010, 39 CLC (AD)
....-on-Record-For the Petitioner A.B.M. Hasan, Advocate, instructed by Mrs. Sufia Khatun, Advocate-on-Record-For Respondent No.2. Not represented-Respondent No. 1. Criminal Petition for Leave to Appeal No. 291 of 2009. (From the judgment and order dated 19.07.2009 passed by ......therefore, no cogent reason to interfere with the judgment of the High Court Division. Accordingly, the petition is dismissed. End. This Case is also Reported in: VII ADC (2010) 449. ......561A of the Code of Criminal Procedure for quashing the proceedings in Sessions Case No. 1062 of 2006 arising out of C.R. Case No. 183 of 2006. 2. The respondent No. 2 filed the petition of complaint before the Chief Metropolitan Magistrate, Chittagong being CR Case No. 183 of 2006 (Doublemoo..Category: Criminal Law | Date: | Hits: 34
Md. Farid Khan Vs. Md. Delower Hossain and others, 2010, 39 CLC (AD)
....ord-For the Petitioners. A.A. Chowdhury, Advocate, instructed by Haridas Paul, Advocate-on-Record-For Respondent No. 2. Not represented-Respondent Nos.1 and 3-4. Civil Petition for Leave to Appeal No. 286 of 2009. (From the judgment and order dated 17.12.2008 passed by ......rity of Tk.1000/- is to be deposited within 1 (one) month. Preparation of the paper-book is dispensed with as prayed for. Ed. This Case is also Reported in: VII ADC (2010) 425. ......ule absolute and dismissing the suit. 2. The facts of the case in short are that the admitted owner of the suit property was one Jobbar Sarder. He transferred it in favour of the father of the plaintiff by a saf kabala deed No. 37155 dated 11.06.1979 and handed over possession of the same in ..Category: Property Law | Date: | Hits: 23
Md. Sahfuzul Islam alias Shafizul Vs. Md. Amjad Hossain and others, 2009, 38 CLC (AD)
.... Lawyers Involved: Khondaker Saiful Huque, Advocate, instructed by A. K. M. Shahidul Huq, Advocate-on-Record-For the Petitioner. Not Represented-the Respondents. Civil Petition for Leave to Appeal No. 1194 of 2009. (From the Judgment and order dated 18.03.2009 passed b......ity in the judgment and order passed by the High Court Division. In the result, this petition for leave to appeal is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 423. ......of land in the suit-land is false and not binding upon them. The present petitioner and other defendants contested the suit by filing written statements denying the material averments made in the plaint. After hearing, the suit was decreed by the judgment and decree dated 26.10.1998. 3...Category: Property Law | Date: | Hits: 21
Warn-Me Wollen Mills Ltd. Vs. Government of Bangladesh, 2010, 39 CLC (AD)
....ioners. Murad Reza, Additional Attorney General, instructed by A. S. M. Khalequzzaman, Advocate-on-Record-For Respondent No.1. Not represented-Respondent Nos. 2-5. Civil Petition for Leave to Appeal No.294 of 2009. (From the judgment and order dated 10.07.2008 passed by t......Government granted a long term lease in its favour in pursuance of lease agreement dated 02.08.1983, for a period of 25 (twenty-five) years which was subsequently extended to 55 (fifty-five) years on amendment of the lease by giving notice for 90 (ninety) days under clause 14 of the lease-agreement.......cumstances, the High Court Division rightly discharged the rule as not maintainable. In the result, this petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 421. ..Category: Civil Law | Date: | Hits: 90
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