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Government of Bangladesh Vs. Syndicate Limited, 1998, 17 CLC (HCD)

....e of the court. We find no merit in this revisional application. The Rule is, accordingly, discharged without any order as to coats. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 330.......order dated 25-9-97 passed by the learned subordinate Judge, 1st Court, Chittagong in Arbitration Miscellaneous Case No.23 of 1996 making the award of the arbitrator Rule of the Court. 2. Opposite party Chowdhury Syndicate Limited is a private limited Company engaged in construction work on contr..

Category: Alternative Dispute Resolution | Date: | Hits: 147

Nurjahan Begum & others Vs. Jasimuddin Ahmed and others, 1998, 17 CLC (HCD)

....ted earlier by this Co stands vacated. Communicate the order of this Court to the teamed Senior Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 310.......firming the order dated 1-7-87 passed by the Senior Assistant Judge, Thakurgaon in other class Suit No.24 of 1985 striking out the written statement filed by the defendant petitioners. 2. Opposite party Nos.1 and 2 as plaintiffs instituted a suit for permanent injunction in the Court of the Senio..

Category: Property Law | Date: | Hits: 108

Moqbul Hossain Bakul and others Vs. Mohammad Ali and others, 1998, 17 CLC (HCD)

....oner moved this court, and obtained the present Rule. 6. Mr. Hasmat Ali, the learned Advocate appearing for the petitioners, submits that the appellate Court having found that the suit was bad for defect of parties committed an error of law is not sending the same on remand to the trial Court, to......purpose of disposal of this Rule is that, the petitioners as plaintiffs instituted Title Suit No.25 of 1987 in the court of the Assistant Judge, Motlab impleading the opposite parties No.1-4 as first party defendant and opposite parties No. 5-7 as 2nd party defendants, praying for declaration of the..

Category: Property Law | Date: | Hits: 65

Hindu Deity Lakshmi Gobinda Jew Vs. Deputy Custodian, Enemy Property, Government of Bangladesh and others, 1998, 17 CLC (HCD)

....t be treated as abandoned property or vested property (enemy property) by the defendants. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 300.......itution of a suit in the civil Court within 90 days of the order of the Government treating a property as an abandoned property does not provide any penal consequence for the failure of the aggrieved party to institute the suit within 90 days and, as such, it cannot be said that the aggrieved party ..

Category: Property Law | Date: | Hits: 102

Salahuddin (Md.) & others Vs. State, 1997, 16 CLC (HCD)

.... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299....... 561A Cr.P.C. as the Code under section 265C provides for an alternative remedy. Accordingly, the application is summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 299...

Category: Criminal Law | Date: | Hits: 83

Hosna Jahan (Munna) Vs. Md. Shajahan (Shaju) and others, 1998, 17 CLC (HCD)

....ccordingly, this application is rejected. The Family Court is directed to dispose of the suit on merit without any further adjournment. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 295....... of the learned Senior Assistant Judge, Chouddagram, Comilla for restitution of conjugal rights impleading his wife i.e. the petitioners Jahan @ Munna her father Momtazuddin Ahmed Chowdhury (opposite party No.2), mother Monwara Begum (opposite party No.3), brother Mahatabuddin Chowdhury (opposite pa..

Category: Family Law | Date: | Hits: 166

Chan Mia (Md.) Vs. Rupnahar, 1998, 17 CLC (HCD)

....d that the impugned judgment and decree suffer from any illegality or error of law. The application is therefore summarily rejected. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 292. ......fe for the restitution of conjugal rights, realisation of dower and for maintenance. 2. The Family Court decreed the suit holding that the defendant-petitioner (husband) and the plaintiff-opposite party (wife) are lawfully weeded couple and directed the defendant to pay a sum of Taka 5,000.00 to ..

Category: Family Law | Date: | Hits: 166

Santi Gopal Dey and others Vs. Maliza Rani Saha and others, 1998, 17 CLC (HCD)

....urnments to the parties except on most convincing grounds. Communicate the order to the learned Assistant Judge, Narshingdi at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 290.......4 of 1994 setting aside the ex-parte judgment and decree dated 14-11-94 passed in Title Suit No.108 of 1988. By this impugned order the learned Senior Assistant Judge allowed the case of the opposite party under Order 9 rule 13 of the Code of Civil Procedure. 2. Short facts relevant for disposal ..

Category: Procedural Law | Date: | Hits: 58

Shamsuddin Ahmed and others Vs. Government of Bangladesh and others, 1993, 22 CLC (HCD)

....lier granted by this Court and extended from time to time is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 675. ......aintiff petitioners. 8. Section 144 of the Code of Civil Procedure provides that "where and in so far as a decree is varied or reversed, the Court of first instance shall on the application of any party entitled to any benefit by way of restoration or otherwise, cause such restoration to be made ..

Category: Property Law | Date: | Hits: 68

Bangladesh and another Vs. Banarashi Lal Sharaf and others, 1993, 22 CLC (HCD)

....iff's Title Suit No.18/57 is dismissed. In the facts and circumstances of the case parties shall bear their respective costs althrough. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 669.......thority acted beyond the jurisdiction conferred by the law under which it purported to act or acted contrary to fundamental principle of judicial procedure in affording an opportunity to the affected party to be heard and/or refused to consider materials placed before it, then and then it could be s..

Category: Fiscal/Taxation Law | Date: | Hits: 125

Mir Shahidul Islam and others Vs. State, 1998, 17 CLC (HCD)

....ed. In the result, the Rule is discharged and the petitioners are directed to surrender to the Court below on the date i.e. 16-7-98. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 506.......ase No.2952 of 1998. Judgment Kazi Ebadul Hoque J.- This Rule was issued at the instance of the 7 named accused of Banaripara Police Station Case No.3/21 dated 16-4-98 calling upon the opposite party to show cause as to why they should not be enlarged on anticipatory bail in GR Case No.21 of 1..

Category: Criminal Law | Date: | Hits: 84

Shyamal Chandra Roy Vs. Probhat Chandra Roy, 1999, 18 CLC (HCD)

....rs and as such the suit is liable to be dismissed. 4. The learned Assistant Judge by his impugned judgment dated 29-3-95 dismissed the suit on contest holding, inter alia, that the suit is bad for defect of parties and that the suit property having not been properly and specifically described in ......order, with notice to the contending parties. Communicate the order of the Court to the learned Assistant Judge, Thakurgaon at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 504...

Category: Procedural Law | Date: | Hits: 91

Rana Madbar and others Vs. State, 1999, 18 CLC (HCD)

....2 are affirmed and as against appellant No.3, Nazrul Islam, set aside and he be released at once if not wanted in any other connection. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 499.......in 1988 BLD 106 = 40 DL 122. 4. Before we enter into the merit of the appeal, let us discuss the evidence in this case. The prosecution produced 15 witnesses most of them are members of the police party who arrested the accused persons from the trawler. P.W.1 was sub- inspector of police attached..

Category: Criminal Law | Date: | Hits: 59

Mizanur Rahman Khan (Md.) and another Vs. Jinnatul Ferdous and others, 1999, 18 CLC (HCD)

....ioner on 18-6-97 in execution of the writ issued to him by the learned Executing Court. Send down the lower Court records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 493. ......il Procedure for restoration of possession on the ground that no executable decree was passed. 2. Short facts relevant for the purpose of the case are that, the predecessor-in-interest of opposite party Nos.1-8 as plaintiff instituted Title Suit No.52 of 1986 under section 14 of the Arbitration A..

Category: Civil Law | Date: | Hits: 66

Falu Mia Vs. Md. Nazrul Islam and others, 1999, 18 CLC (HCD)

....in the schedule of the plaint. 3. The defendants appeared in the suit and filed written statement denying the material allegations of the plaint and contended, inter alia, that the suit is bad for defect of parties. It was also contended that the plaintiff has no title and possession in the suit ......ka in Title Suit No.393 of 1987 exempting the plaintiff from the necessity of impleading 36 persons as defendants in the suit. 2. Short facts relevant for the purpose of the case are that opposite party No.1 as plaintiff instituted a suit in the 3rd Court of the Subordinate Judge, Dhaka being Tit..

Category: Procedural Law | Date: | Hits: 67

Nazrul Islam Vs. State and others, 2002, 31 CLC (HCD)

....monirhat now detained in Lalmonirhat District Jail, Lalmonirhat be set at liberty at once, if not wanted in connection with any other case. Ed. This Case is also Reported in: 55 DLR (2003) 401. ...... section provides for issuing an order of detention by the Government and not otherwise and this point has already been decided in Criminal Miscellaneous Case No.2153 of 2002 in which one of us was a party. 13. In view of our above discussions and the law bearing on the subject, we are persu..

Category: Criminal Law | Date: | Hits: 69

Bangladesh Chemical Industries Corporation (BCIC) and another Vs. Zia Fertilizer Company Limited Workers and Employees Union and others, 2011, 40 CLC (AD)

....all file the concise statement to make the appeal ready for expeditious hearing. The appeal is fixed for hearing on 23rd August, 2011. Ed. This Case is also Reported in: VIII ADC (2011) 567. ......o third parties. III. Whether the High Court Division erred in law and upon the facts in pass­ing the judgment and order in failing to appreciate that (i) the price at which urea is sold to third party purchasers is the price at which BCIC sells the fertilizer to third parties, while the price f..

Category: Company Law | Date: | Hits: 366

Abu Sayeed Sheikh and others Vs. Md. Majibur Rahman and others, 1998, 17 CLC (HCD)

....earned Munsif on detailed discussion of the evidence on record dismissed the suit as being barred by limitation. The learned trial Court also found that the suit is barred by res judicata and bad for defect of parties. The learned Munsif further found that the plaintiff had no cause of action and he......receipt of this order. The order of stay granted earlier by this Court stands vacated. Send down the lower Courts record as once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 289...

Category: Property Law | Date: | Hits: 75

Abdul Majid Mondal Vs. State and another, 1999, 18 CLC (HCD)

....ming the order of the learned Magistrate is quashed. Stay order granted by this court stands vacated. Send down the LC records at once. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 287....... Criminal Miscellaneous Case No.6579 of 1998. Judgment Md. Awalad Ali J.- This Rule was issued under section 561A of Cr.P.C. calling upon the Deputy Commissioner, Rangpur as well as opposite party No.2 to show cause as to why the judgment and order dated 15-6-98 passed by the Additional Ses..

Category: Criminal Law | Date: | Hits: 237

Zenith Packages Ltd. Vs. Member, Labour Appellate Tribunal and others, 1999, 18 CLC (HCD)

....he Rule is discharged with cost of Taka 5,000.00 (five thousand) to be paid by the petitioner to the contesting respondent Nos.2 and 3. Ed. This Case is also Reported in: 51 DLR (HCD) (1999) 284.......cision of the Indian Supreme Court along with aforesaid decision of the Dhaka High Court respondent No.1 held as follows: “With regard to the points raised that the service of notice by opposite party management on fixing the emoluments and benefits at a rate much lower with the rate enjoyed by..

Category: Labour and Industrial Law | Date: | Hits: 168