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Displaying 1961-1980 of 2198 results.

Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)

....: Md. Zahedul Bari, Advocate (appeared with the leave of the Court) instructed by Md. Nawab Ali, Advocate-on-Record—For the Petitioner. Not represented—the Respondents. Civil Petition for Leave to Appeal No. 852 of 1997. (From the judgment and order dated 26-6-1997 passed by the ......302 days in filing connected Civil Revision. 2. The short fact leading to this petition is that the petitioner instituted Other Suit No. 193 of 1981 the Court of Subordinate Judge, Thakurgaon for declaration that order dated 5-2-1979 and ancillary order dated 6-12-1979 passed by respondent No. 1..

Category: Procedural Law | Date: | Hits: 121

S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)

.... Judgment   April 30, 2006. IFIC Bank Service Rules, Rule 30.02 Item 6 On the face of the admitted fact that the petitioner himself issued the disputed pay order for Tk. 1,00,000.00 against deposit of Tk. 100.00 only, the petitioner cannot escape the liability ......2.2002 passed by the learned Senior Assistant Judge, Sadar Mymensingh in Other Class Suit No. 205 of 2000. 2. The petitioner as plaintiff filed Other Class Suit No. 205 of 2000 praying for declaration that the order of his dismissal passed by the defendant-respondents from the service of..

Category: Employment/Service Law | Date: | Hits: 78

Md. Marfat Ali Miah Vs. Sree Jagadish Chandra Sheel and others, 2006, 35 CLC (AD)

....t  March 12, 2006. The Acquisition & Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 44 The Acquisition proceeding being completed long before and finalised and published in the Gazette on 24-12-87, it is too late for the Plaintiff to cl......le absolute and thereby allowing the prayer for rejection of the plaint of Other Class Suit No. 82 of 1991 of the Court of Senior Assistant Judge, Iswarganj, Mymensingh. The suit was filed seeking declaration that the order dated January 25, 1989 passed in Second Certificate Appeal No.88 of 1984..

Category: Civil Law | Date: | Hits: 77

Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)

....or Advocate instructed by Sufia Khatun, Advocate-on-Record- For the Petitioner      A.S.M.Khalequzzaman, Advocate-on-Record- For the Respondent Civil Petition for Leave to Appeal No.30 of 2002. (From the judgment and order dated 21.10.2001 passed by ......ted 23.04.1991 passed by the learned Senior Assistant Judge, Sadar, Madaripur in Title Suit No. 153 of 1986 decreeing the suit. 2. Short facts are that the plaintiff instituted the suit for declaration of title, confirmation of possession and for further declaration that the lease grante..

Category: Property Law | Date: | Hits: 51

Messers Chemico Laboratories Ltd. Vs. Government of the People's Republic of Bangladesh, 2006, 35 CLC (AD)

....ddin Mahmud, Senior Advocate (Md. Momtazuddin Fakir, Advocate with him) instructed by AKM Shahidul Huq, Advocate-on-Record- For the Petitioner. Not represented- the Respondents. Civil Petition for Leave to Appeal No. 835 of 2004. (From the judgment and order dated 08.05.2004 passed by the ...... to 06.03.2003 of M/S Chemico Laboratories Limited (writ petitioner), collected copies of MUSAK-19 and related current accounts (MUSAK-18) from Rajshahi circle-1 and collected other papers along with declaration source of value and found that the writ petitioner without writing the said purchased ra..

Category: Fiscal/Taxation Law | Date: | Hits: 85

Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)

....seeking rejection of the plaint of Title Suit No. 135 of 1995. 2. The genesis of the Title Suit No. 135 of 1995 is that the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the so...... 10. The appellant filed the Title Suit No. 135 of 1995 in the 5th Court of Subordinate Judge, Dhaka seeking the reliefs as stated hereinbefore. The relief so sought in the title suit primarily for declarations that the decree passed in the Artha Rin Adalat case and the proceedings of the Executio..

Category: Civil Law | Date: | Hits: 130

Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)

.... Lawyers Involved: Md. Aftab Hossain, Advocate-on-Record— For the Petitioner. Not represented- For the Respondents.       Civil Petition for Leave to Appeal N0. 671 of 2001. (From the judgment and order dated 22nd October, 2000 p......eading to this petition, are that the plaintiff-petitioners instituted Title suit No.145 of 1992 in the Court of Assistant Judge, 4th Court, Dhaka on 11-7-1992 against the present respondent for a declaration that the tender accepted by the defendant-respondent on 28-5-1985 in respect of holding..

Category: Property Law | Date: | Hits: 54

Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)

....jan Bibi. Defendants 1 and 2 are her grandsons from a predeceased daughter, and the first plaintiff, distant kindred, is the only heir of Sujan Bibi. Sujan Bibi died on 12th May, 1945. A few months before her death, she made three dispositions which are under challenge. On 13-2-1945 she made a gift ......on with the grantor, a pardanashin lady. 12. The next decision is in the case of Mirza Sajjad Hussain vs. Nawab Wazir Ali Khan 39 I.A. 156. Here the suit was brought by the plaintiffs praying for declaration that all the property comprised was a waqf and the plaintiffs were trustees under the de..

Category: Property Law | Date: | Hits: 53

M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)

....fic Relief Act, 1877 (Act I of 1877), Sections 42, 54, 56 (d)(f) To obtain an order of injunction the plaintiff aught to assert what is his legal character and what is his right as to the contract for which the tenders were invited and the conditions on which he participated in the bid……….(......ght as to the contract for which the tenders were invited and the conditions on which he participated in the bid……….(8) The suit being a declaratory one the plaintiff is to satisfy that such declaration should be made in his favour by virtue of the right accrued in his favour and he is enti..

Category: Others | Date: | Hits: 94

Bangladesh and ors Vs. Somboon Asavaham, 1980, 9 CLC (AD)

....n the territorial waters of Bangla­desh. 2. Facts are that the Bangladesh Navy captured three Thai Fishing Trawlers and they were handed over by the Navy to the Customs authorities at Chittagong, for necessary action. The Collector of Customs, Chittagong, con­fiscated the three Thai Fishing Tra......-1/3/74. In exercise of the power conferred by "sub-section (1) of section 3 of the Territorial Waters and Maritime Zones Act, 1974 (Act No, XXVI of 1974), and in sup­ersession of any previous declaration on the subject, the Government is pleased to declare that the limits of the sea specif..

Category: Admiralty Law or Maritime Law | Date: | Hits: 246

Haleman Bewa and others Vs. Gahar Ali Mondol & ors, 1980, 9 CLC (AD)

....first appellate court and not reversed by the High Court Division that the appellants grew and ripped the paddy in the disputed land in their possession. Irrespective of the question of title, a suit for money by way of damages for cutting away of paddy does not lie against the defendants. Case Re...... Judge relied upon the de­cision of Muralidhar vs. Rupendra Nath. 4. Leave was granted by a person out of possession for compensation for wrongful possession, is maintainable without a prayer for declaration of title and with or without a further prayer for recovery of possession. 5. Mr. Abdu..

Category: Property Law | Date: | Hits: 56

State, People's Re­public of Bangladesh and others Vs. Haji Joynal Abedin, 1980, 9 CLC (AD)

....d. Proclamation of 15th August, 1975 provided that Proclamations, Martial Law Regulations and Orders shall have precedence over the Constitution. Constitution cannot be said to be still in force as the Supreme law of the country, untrammelled by the Proclamations and Martial Law Regulatio...... the right of the High Court Division to examine the legality or propriety of the proceedings not having been affected, the Writ Petition was maint­ainable and the petitioner was entitled to get the declaration as prayed for. The lear­ned Judges of the High Court Division in accepting the contenti..

Category: Criminal Law | Date: | Hits: 294

Hupen Majhi @ Hapan Tudu & ors Vs. Munshi Abul Khair, 1980, 9 CLC (AD)

.... the appeal. Both the District Judge as well as the learned Judges of the High Court Division are of the view that the Second Miscellaneous Appeal abated as a whole and is under question. 2. Facts for disposal of this appeal are that the respondent brought a suit for declar­ation of title and re......e Code. We think there is substance in what learned Advo­cate says. It is so be observed that we are deciding a narrow   question involved on the facts of the present appeal in that, in a suit for declaration of title and recovery of posses­sion by the plaintiff against a multitude of defendants..

Category: Property Law | Date: | Hits: 73

A. Z. Rafique Ahmed Vs. BD Council of Scientific and Indus­trial Research & ors, 1980, 9 CLC (AD)

.... the nature of the transfer, any transfer which is a transfer in the eye of law, subject to the limitations laid down in the section, is pre-emptible. ………….(5) Sale in pursuance of a decree for specific performance of a contract is pre-emptible. Provisions embodied in section 26 of the Ben......t a major punish­ment of dismissal. Therefore, the dismissal of the appellant from his service by Annexure 'C' dated August 22, 1977 cannot be sustained in law and the appellant is entitled to get a declaration that the order of dismissal from his service was without any lawful authority and as suc..

Category: Employment/Service Law | Date: | Hits: 130

Syed Masud Ali and others Vs. Md. Asmatullah & others, 1980, 9 CLC (AD)

....78. The Waqf Ordinance, 1962 (I of 1962), sections 35 & 60 Administration of Waqf is authorized to decided whether a particular property is waqf or not and his decision can be challenged before the District Judge. Section 50 of the Ordinance has been inserted in the enrolment chapter. ......that in the Court of Mun­sif, the plaintiff has divided the suit proper­ties under two schedules and has claimed ownership and possession over both of them. With regard to the first he has sought a declaration of his title but with regard to the 2nd schedule he has prayed not only title to the lan..

Category: Trust/Waqf Law | Date: | Hits: 196

Jogendra Kumar Dutta Vs. Nur Mohammad and others, 1993, 22 CLC (AD)

....neous Appeal No. 120 of 1974 affirming the order of the Subordinate fudge, Noakhali, refusing to recall appointment of receiver in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintif......er in Other Class Suit No. 137 of 1974. 2. Short facts necessary for the disposal of this appeal may be stated as follows: The appellant, who is the plaintiff, instituted the suit for declaration of his title simpliciter. Before institution of the suit as the first party he had fil..

Category: Civil Law | Date: | Hits: 112

Haji Nurul Alam @ Haji N A Sawdagar Vs. Al-Haj Abdus S Sawdagar Wakf Estate & anr, 1993, 22 CLC (AD)

....nd the lower appellate Court, Additional District Judge, 4th Court, Chittagong; in Miscellaneous Appeal No. 88 of 1990 by Judgment and order dated 12.6.91 rejected the plaintiff-Respondent’s prayer for temporary injunction. In revision, Civil Revision No. 1984 of 1991 dated 11. 11.91, a learned Si...... the Rule absolute, passed an order of status quo restraining the appellant from making any construction over the land in dispute. 2. Respondent No. 1 instituted the aforesaid suit on 11.10.89 for declaration of title to recovery of possession and permanent injunction in respect of the suit land ..

Category: Property Law | Date: | Hits: 66

Suruzzamal Vs. Bangladesh, 1993, 22 CLC (AD)

...., Senior Advocate (MA Wahab Miah, Advocate with him), instructed by Md. Aftab Hossain, Advocate­-on-Record - For the Petitioner. Not represented - The Respondents. Civil Petitions for Leave to Appeal No. 76 of 1992. (From the Judgment and order dated 25.11.91 passed by th......which was claimed by respondent, Govern­ment of Bangladesh, as an abandoned property a claim denied by the petitioner who claimed title therein. TS No. 69 of 1981 was filed by respondent for a declaration that the property is an abandoned property; and TS No. 339 of 1981 was filed by the pet..

Category: Property Law | Date: | Hits: 101

Babar Ali Pramanik and others Vs. Mosar Ali Pramanik and others, 1993, 22 CLC (AD)

....assed by the Subordinate Judge, Natore refusing to add the appellants as defendants in OC Suit No. 19 of 1987. 2. Material facts of the case are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) a......are, that respondent No. 1 as plaintiff instituted the aforesaidsuit against the Government of Bangladesh (represented by the Deputy Commissioner, Natore) and other officers, respondent Nos. 2-5, for declaration of his fide to the suit land alleging inter alia, that he had obtained pattan of the sui..

Category: Procedural Law | Date: | Hits: 111

Altaf Hussain Vs. Abul Kashem and others, 1993, 22 CLC (AD)

....special leave, a common question of law being involved, they have been heard together and are going to be disposed of by this judgment. In each of these appeals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counti......eals a dispute as to the result of election for the office of chairman of six Union Parishads has been raised. On conclusion of election, counting of votes by the Presiding Officers was completed and declaration of result by the Returning Officers was made and notification of the result in official ..

Category: Election Law | Date: | Hits: 117