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Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....‑02 passed by the 1st. Court of Joint District Judge, Chittagong in Other Class Suit No. 48 of 1991 rejecting the petitioner's application under Order XXVI rule 9 of the Code of Civil Procedure for holding local investigation in the suit land. 2. Opposite party Nos. 1‑2 as plaintiffs institut......Judge is hereby directed to dispose of the suit as expeditiously as possible, preferably within months from the date of receipt of the order. Ed. This Case is also Reported in: 55 DLR (2003) 149...Category: Property Law | Date: | Hits: 31
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....Abdul Ahad Chowdhury as Chairman, Central Command Council, Bangladesh Muktijodha Sagsad filed a writ petition and obtained a Rule Nisi challenging some actions taken by respondents Nos. 1‑8 towards holding of election of the said Sangsad being engaged by its Chief Patron. Rule in this case was dis......preme Court High Court Division (Special Original Jurisdiction) Present: Md. Joynul Abedin J Sheikh Rezowan Ali J Zakir Hossain Munshi......................Petitioner Vs. Government of the People's Republic of Bangladesh…………………Respondent Judgment July ..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....itted the said records of mutation as evidence but refrained from considering the same without formal proof thereof. The question before the Supreme Court was whether the trial Court was justified in holding so. H. Rahman J. speaking for the Supreme Court answered the point as under: "The Code of......ugh the respondent No. 3 transferred .01 acre of land in favour of the respondent No. 3 which was not an out and out sale but it was a conditional sale to the effect that the respondent No.1 would recover the said lands if the respondent No.3 repaid Tk.500/- which he received from the respondent No...Category: Property Law | Date: | Hits: 36
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
....ry report, with the proposed punishment, to which the petitioner replied denying the allegations and the proposed punishment mentioned in the show cause notice and pointed out the illegalities in the holding of the inquiry but the authority was not satisfied with the reply to the second show cause n......bu Nayeem Mominur Rahman J ABM Khairul Haque J Md. Muzammel Hossain J Surendra Kumar Sinha J Md. Mominul Islam...................................................Petitioner. Vs. The Government of the People's Republic of Bangladesh represented by the Secretary, Ministry of Agricultu..Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
....se no value lease was made reserving yearly rent without a registered instrument as contemplated under section 107 of the Transfer of Property Act, as such, the unregistered agreement relating to the holding possession at the sweet will of the owner the parties of that suit were relegated to the pos......here was a salish and it was decided with the consent of the defendant that he would vacate the suit property within 3 months from 10‑6-1994, the date of salish. But as the defendant failed to hand over vacant possession of the land 3 month’s notice under section 106 of the Transfer of Property...Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....The opposite party No. 1, the pre-emptee purchaser, appeared and filed written objection stating that the pre‑emptor petitioner is not the co‑sharer of the jote and the land belongs to a separate holding. Genealogy of CS Khatian is wrong and the case is not maintainable and that the preemptor di......assed by learned Assistant Judge, Basail, Tangail, in Miscellaneous Case No. 6 of 1996 is hereby restored. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 155. ..Category: Property Law | Date: | Hits: 39
Abdul Motaleb & others Vs. Aftab Miah and another, 2002, 31 CLC (HCD)
....ing of the same before the Registrar that will do and thus there is full compliance with the provision of Rule 33(1) of the Rules. Therefore, the Registrar acted illegally and without jurisdiction in holding that there is no evidence in Support of the opposition and treating of the opposition case a...... appellants, as there was no occasion to do so in the absence of any TM 55. Therefore, we find no substance in the appeal which must fail. Ed. This Case is also Reported in: 56 DLR (2004) 145...Category: Intellectual Property Law | Date: | Hits: 181
Abul Kashem and others Vs. State, 2003, 32 CLC (HCD)
....required corroboration has been furnished by the evidence of PWs4, 7 and 8 and, as such, the learned Sessions Judge rightly based its order of conviction on the evidence of PWs2 and 3. With regard to holding of in absentia trial in alleged violation of section 339B of the Code of Criminal Procedure,......cked wood apples from the trees belonging to deceased AKM Abdul Halim, Chairman of No. 8 Rajapur Union Parishad, Burichang. The eldest daughter of Abul Halim Chairman, Asina Akhtar Lipi, rebuked them over the said incident followed by an altercation between these two boys and Lipi. Mizan and Faruque..Category: Criminal Law | Date: | Hits: 39
Ekushey Television Ltd. and another Vs. Bangladesh and others, 2003, 32 CLC (HCD)
.... Mahdud who submitted his resignation as Chairman of the Board. Mr Abdus Salam by virtue of being the single largest shareholder of the Company and with the support of 75% of the Company's total shareholding was elected as the new Chairman and Chief Executive Officer of the petitioner company. In th......isudin Ahmed, Advocate-For the Respondent No.7. AJ Mohammad Ali, Additional Attorney‑ General, Adilur Rahman Khan, Deputy Attorney‑ General with Razik Al-Jalil, Assistant Attorney-General-For Government Respondents. AKM Shamsul Karim, Advocate-For Respondent No. 3 (In all the Writ Petition..Category: Information Technology Law | Date: | Hits: 230
Akhteruzzaman Chowdhury Vs. Hamidul Huq, MD, UCBL and another, 2003, 32 CLC (HCD)
....spectively of the said Bank. It appears that on 18-1‑2000 one Jahangir Alam Khan, a shareholder and a Director of the Bank, filed an application under section 81(2) of the Companies Act, 1994 for holding of Annual General Meeting (hereinafter called "the AGM") for the years 1998 and 1999, being ......d on receipt of the letter dated 17‑7‑2003 from the contemner-opposite party No. 2 Mr. KZ Alam referred to this earlier letter dated 19-7‑2003 and talked to the contemner-opposite party No. 1 over telephone regarding holding of the AGM and again by his letter dated 22‑7‑2003 requested th..Category: Banking Law | Date: | Hits: 158
Dulal Mia (Md) Vs. State, 2003, 32 CLC (HCD)
....ath of the deceased on falling into pond at the time of bath. Thus, the suo moto first information report was lodged by police officer on receipt of report of the post‑mortem examination as well as holding investigation in UD case bearing No.16 of 1992 so lodged by brother of the deceased over whi......ara was married with the accused appellant 5/6 years ago, but their conjugal life was not sweet, as the latter (accused-appellant) used to torture the former (deceased) both mentally and physically over dowry. The further case of the prosecution is that in last Ashar, 1399 BS the accused-appellant..Category: Criminal Law | Date: | Hits: 88
Uttara Bank Limited Vs. Syed Abidur Reza and others, 2009, 38 CLC (AD)
....ndant petitioner do not appear to have any bearing on the fundamental point which survives for determination in the suit". 8. It was further submitted that the High Court Division fell in error in holding that the impugned termination order issued on 19.09.1981 under Rule 18(b) of the Bank's Staf......er Sections 4 and 9 of the Code of Civil Procedure and also under Section 42 of the Specific Relief Act and that the plaintiff filed the suit in a wrong forum being an employee of a commercial bank, covered by the definition of "Worker" as defined in the Employment of Labour (Standing Orders) Act, 1..Category: Employment/Service Law | Date: | Hits: 95
Quazi Faruque Ahmed Vs. M. A. Wadud and others, 2010, 39 CLC (AD)
....ution of the suit, the petitioner filed an application for temporary injunction under Order 39 Rules 1 and 2 of Code of Civil Procedure restraining the respondents from disturbing him in his peaceful holding in the office of the Chairman and also from drawing money from the account of PROSHIKA till ......at the petitioner instituted Title Suit No. 302 of 2009 seeking declaration that any meeting or decision taken on any date including on 24th May, 2009 removing him from the office of Chairman of the Governing Body of PROSHIKA and forming a five member Managing Committee and calling a General Meeting..Category: Civil Law | Date: | Hits: 75
Shah Newaz (Md.) and others Vs. Shah Wali and another, 2001, 30 CLC (HCD)
....error in the decision occasioning failure of justice; that both the Courts below failed to weigh the nature and character of the suit in the facts and circumstances of the case and committed error in holding that the jurisdiction of the Civil Court was ousted for mere presence of alternative machine......ithin 4(four) months declaration that the decree is void, hence service of notice before the institution of the suit was curable and that in paragraph 8 of the Waqf deed there are provisions for stay over the suit property even permanently by the successor of the Waqf and in that case the plaintiff-..Category: Trust/Waqf Law | Date: | Hits: 187
Moinuddin Ahmed alias Farook Vs. Khursheda Begum and others, 2001, 30 CLC (HCD)
.... to anybody and accordingly, the plaintiff did not acquire any legal character in the suit property. The learned Subordinate Judge who heard the appeal however allowed the appeal and decreed the suit holding that the deed ochhiatnama is valid and the plaintiff acquired title in the suit property by ...... Title Suit No. 96 of 1995 stating, inter alia, that by deed of gift dated 25-8-77 late Alimuddin, the husband of the plaintiff, gifted ‘Ka’ and ‘Kha’ schedule property to her and also handed over the delivery of possession of the above lands to her on the same date. Then Alimuddin died in t..Category: Property Law | Date: | Hits: 32
Abdul Mannan (Md) Vs. Swaraj Roy and others, 2001, 30 CLC (HCD)
....e case of Bajrang Lal Agarwala, ATM Afzal J, as his Lordship then was, sitting in a Division Bench delivered a judgment in a suit for specific performance of contract on consideration of authorities, holding- “There is no doubt that generally in suits for specific performance only the parties t......made an application under Order I rule 10 of the Code for addition. His case, in short, is that neither the plaintiff nor opposite party No. 2 has any right, title or possession in the suit land. Moreover, opposite party No. 2 migrated to India long ago and died there. By way of pattan and purchase ..Category: Property Law | Date: | Hits: 31
Amir Hossain Bhuiya (Md) Vs. Harisul Haq Bhuiya and others, 1999, 28 CLC (HCD)
....nafter referred to as the factory) of which opposite party Nos.1, 3, 4 and 5 are members with opposite party No. 2 as Chairman of the Election Upa-parishad Factory Employees Union, for the purpose of holding election of the Office-bearers of the Factory Employees Union for 1997-1998, issued a notifi......f receipt of the lower court records. Stay granted earlier by this Court is in vacated. Send down the lower Court records at once Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 267...Category: Labour and Industrial Law | Date: | Hits: 99
Pubali Bank Ltd. Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
.... the matter to the learned Chief Justice so that a special bench is formed to hear this Rule but the learned Chief Justice by order passed on the same day, directed this bench to dispose of this Rule holding that there is no need to constitute a special bench. In the aforesaid circumstances we have ......r. MA Tareq, the learned Advocate of the petitioner, submits that the learned Subordinate Judge acted illegally in setting aside the ex parte decree exercising inherent power under section 151(1) CPC overriding the special provisions of section 6(2) of the Artha Rin Adalat Act for such setting aside..Category: Civil Law | Date: | Hits: 93
Shamsul Haque (Md) Vs. State, 1999, 28 CLC (HCD)
....ouse by her friend Hena and Hena’s mother accused Anwara Begum @ Anu on 3-11-89. P.W.1 explained the delay saying about a local salish. But none of the P.W.s particularly P.W.s 1-5 gave any date of holding of the salish in their deposition. P.W.1 also stated in his chief that, while his victim dau......ought Sanwara to the house of the informant. After their departure the victim girl narrated the incident of her violation to the informant and her mother and others. The local people assured a salish over the incident but ultimately failed. Thereafter the informant lodged the First Information Repor..Category: Criminal Law | Date: | Hits: 32
Delwar Hossain Khan Vs. Alhaj Rustum Ali & others, 2001, 30 CLC (HCD)
....01 of the Code of Civil Procedure in the Second Court of Subordinate Judge at Dhaka against the petitioner for restoration of possession of 13 decimals of land of plot No. 447 comprising of municipal holding No. 185 West Agargaon. The application was numbered as Miscellaneous Case No. 39 of 1994. Th...... for the petitioner, mainly submits that the application of the claimants are not maintainable and the executing Court erred in law in allowing the same when the land claimed by the claimants is not covered by the decree. He relied upon the decisions in the cases of Bholanath Bondopadhyaya Vs. Banar..Category: Property Law | Date: | Hits: 26