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Abdul Khaleque Vs. Md. Nazim Uddin and another, 2010, 39 CLC (AD)
....ner is permitted to add additional grounds. The order of stay granted earlier by this court shall continue till disposal of the appeal. Ed. This Case is also Reported in: VII ADC (2010) 647.......judgment and order dated 9th April 2009 discharged the rule and set aside the judgment and order of the learned District Judge. 5. The learned Counsel appearing for the petitioner submits that any party to the litigation may apply at any stage of the suit for further or better statement or part..Category: Property Law | Date: | Hits: 33
Pubali Bank Ltd. Vs. Md. Mamunur Rahman and Another, 2001, 30 CLC (HCD)
....e Judge of the Artha Rin Court framed the following issues: i) Is the suit maintainable in its present form and manner? ii) Whether the suit is barred by limitation. iii) Is the suit bad for defect of parties? iv) Whether the plaintiff-bank is entitled to Taka 16,45,750 and whether they ......closed. He further admitted that the agreement between the bank and defendant No. 2 was executed on 28-1-1985 (Exhibit 13), that the said deed was executed by the defendant No.1 although he was not a party to the said deed of agreement. This witness denied the suggestion that the signature of Akhtar..Category: Civil Law | Date: | Hits: 79
Shahjahan Faraji and another Vs. State, 2002, 31 CLC (HCD)
....he date of receipt of the order. Communicate the order to the learned Magistrate, Barisal at once for his information and necessary action. Ed. This Case is also Reported in: 54 DLR (2002)457.......by the learned Advocate for the petitioners for transfer of the case from Barisal to any other District is the alleged hostile postures held out to the petitioners and their tadbikers by the opponent party men, for which they may not get a fair and impartial trial at Barisal. 6. The ground for tr..Category: Procedural Law | Date: | Hits: 61
Ali Sikder (Md.) Vs. Government of Bangladesh & Others, 2002, 31 CLC (HCD)
....a substantial question of law as to the interpretation of Constitution. His prayer for certificate is refused as we do find the case to be so. Ed. This Case is also Reported in: 54 DLR (2002)453.......d suit before the learned Subordinate Judge where the said suit was pending. And as per Order No. 63 dated 11-2-1996 the said suit was withdrawn without any objection from the petitioner who was a party to the suit. 7. After the withdrawal of the suit the impugned letter was issued by responde..Category: Property Law | Date: | Hits: 22
Moniruzzaman (Md.) Vs. ANM Didar-e-Alam and others, 2002, 31 CLC (HCD)
.... time of issuance of the Rule staying further proceeding of the case is recalled. Send down a copy of the order to the court below immediately. Ed This Case is also Reported in: 54 DLR (2002)445.......tioner has re-paid Taka 50.000 complainant as per order of the court and, as the proceeding should be quashed. 6. In reply to his above agreement, Mr. Khurshid Alam Khan appearing for the opposite party No. 1, submits that though the petition complaint was filed under section 138 of Negotiable In..Category: Criminal Law | Date: | Hits: 29
Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2001, 30 CLC (HCD)
.... impugned Judgment and decree calling for interference by the Court. In the result, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 54 DLR (2002) 440....... the District Judge, Lakshimpur in Title Appeal No. 44 of 1989 reversing those dated 30-4-1981 passed by the learned Subordinate Judge, Noakhali in Other Class Suit No. 85 of 1967. 2. The opposite party Nos. 1-4 as plaintiffs instituted Other Class Suit No. 85 of 1967 in the Court of Subordinate ..Category: Property Law | Date: | Hits: 23
Tajul Islam Vs. Gobinda Prashad Das and others, 2000, 29 CLC (HCD)
....harged. In the result, the Rules are discharged. The order of stay granted earlier at the time of issuance of the Rules are hereby vacated. Ed. This Case is also Reported in: 54 DLR (2002)436.......ttagong and therefore, these two Rules are taken up together for hearing and this judgment will govern both the Rules. 2. The short facts for the purpose of disposal of the Rules is that, opposite party No. 1 as complainant filed a petition of complaint before the Senior Special Judge, Cox’s Ba..Category: Criminal Law | Date: | Hits: 62
Sarwar Garments Ltd. Vs. Chairman, National Board of Revenue and others, 2001, 30 CLC (HCD)
....ose of the inquiry initiated by her under section 13(2) (b) of the Customs Act expeditiously and as early as possible in accordance with law. Ed. This Case is also Reported in: 54 DLR (2002) 420.......g in view the provisions of sections 80, 81, 86, 109. The learned Advocate further submits that in a case like where the authority is enjoined with the power of deciding an issue as to the right of a party apply their minds to the facts and circumstances the case to resolve the dispute but from the ..Category: Fiscal/Taxation Law | Date: | Hits: 63
Mustafa Kabir Uddin Ahmed Vs. Badrun Nessa Chowdhury, 2002, 31 CLC (HCD)
....Procedure with a copy to the other side for withdrawal of the suit with liberty to sue afresh on the self-same subject matter contending, inter alia, that through mistake and inadvertence some formal defects took place in the petition by reason of which the petitioner will not be able to get proper ......hus disposed of on the above terms and conditions. Let the lower court’s records down expeditiously with a copy of this judgment and order. Ed. This Case is also Reported in: 54 DLR (2002) 416...Category: Procedural Law | Date: | Hits: 83
Osi Meah Sowdager Vs. Tulsidham Akherar Madan Mahan Narasingha and others, 2002, 31 CLC (HCD)
....the learned 1st Court of Subordinate Judge, Chittagong for his information and necessary action. Send down the lower Court records at once. Ed. This Case is also Reported in: 54 DLR (2002)409....... therefore, inclined to take up these Rules for disposal on merit on the basis of the materials on record. 4. Mr. Bhishna Dev Chakroborty, the learned Advocate appearing for the plaintiff-opposite party, supports the impugned judgments. 5. The case of the plaintiff-opposite party is that the s..Category: Civil Law | Date: | Hits: 69
Golam Mohammad Khan Vs. Government of Bangladesh and others, 2002, 31 CLC (HCD)
....ed illegally and, as such, we find no substance in the Rule and the same is liable to be discharged. In the result, the Rule is discharged. Ed. This Case is also Reported in: 54 DLR (2002)405.......lso supplementary affidavit-in-opposition and argued that this detenu was involved in the case murder of a student leader named Sajal belonging to Chhatra Dal and as the detenu was a MP of the ruling party at the relevant time, he managed a final report in that case by exerting pressure upon the pol..Category: Criminal Law | Date: | Hits: 60
Abdul Mannan Miah Vs. Md. Salaiman Miah, 2000, 29 CLC (HCD)
....ned trial Court is directed to dispose of the suit expeditiously preferably within three (3) months from the date or receipt of this judgment. Ed. This Case is also Reported in: 54 DLR (2002)394.......tration. Mr. Ahmed lastly, submits that even subsequent registration of trade mark Ghadi cannot be a ground against passing off and the implication of section 25 of the Trade Mark Act is that, so the party who got registration cannot file suit for registration and so the plaintiff who obtained regis..Category: Intellectual Property Law | Date: | Hits: 200
Abul Member and Abul Hussain Vs. Secretary, Ministry of Home Affairs and others, 2002, 31 CLC (HCD)
....tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392.......tention order of the detenu is illegal and, as such, the Rule is liable to be discharged. Accordingly, the Rule is liable to be discharged. Ed. This Case is also Reported in: 54 DLR (2002)392...Category: Criminal Law | Date: | Hits: 22
Nadera Banu Vs. Protiva Rani Sen Gupta and others, 2003, 32 CLC (HCD)
....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.......agong 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 instituted Other Class Suit No. 48 of 1991 before the 1st Court of Jo..Category: Property Law | Date: | Hits: 31
Zakir Hossain Munshi Vs. Government of the People's Republic of Bangladesh, 2002, 31 CLC (HCD)
....o be refunded to the petitioner forthwith. In the result, the Rule is made absolute in the foregoing terms without any order as to cost. Ed. This Case is also Reported in: 55 DLR (2003) 130. ......ught for in this petition arises out of a contract, the petition is maintainable." 10. In the case of Farzana Vs. Securities and Exchange Commission, reported in 54 DLR 66, in which one of us is a party to the judgment delivered in that case, similar question as to whether the writ petition under..Category: Information Technology Law | Date: | Hits: 217
Hajee Abul Hossain and others Vs. Md. Amjad Hossain and others, 2010, 39 CLC (AD)
....le in the suit lands. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 62 DLR (AD) (2010) 436, 15 MLR (AD) (2010) 485, 8 LG (AD) (2011) 10.......uestion as to merit of this document, Ext.16, will arise only if it is found to be admissible in evidence without formal proof. We think that though objection was not raised when it was produced, the party producing it was not exempted from explaining in the course of recording evidence why its orig..Category: Property Law | Date: | Hits: 36
Janata Insurance Company Ltd. Vs. M/s. Islam Steel Mills Limited and another, 2010, 39 CLC (AD)
....ut any order as to costs. This judgment would govern ail the appeals. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 478, 7 LG (AD) (2010) 208, 63 DLR (AD) (2011) 5, VIII ADC (2011) 932. ......rogated to all the rights of the Bank to the extent of such payment but not so as to impair the right of the Bank to recover the full amount of any claim it may have on such Mortgagor or Owner or any party or other parties insured hereunder or from any securities of funds available. 10. Thus the ..Category: Business or Commercial Law | Date: | Hits: 212
Md. Mominul Islam Vs. Government of the People's Republic of Bangladesh, 2010, 39 CLC (AD)
.... petitioner the mischief were done under coercion and compulsion and thus he admitted his guilt as an abettor. It further appears that the Appellate Tribunal has observed that there was no procedural defect in the dismissal of the petitioner and that some of the charges brought against the petitione......aid facts and circumstances of the case, we do not find any merit in the leave petition. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: 15 MLR (AD) (2010) 474...Category: Administrative Law | Date: | Hits: 192
Azim vs. Naim Ara Begum, 2003, 32 CLC (HCD)
.... dischareged without any order as to costs. The stay order passed in connection with the Rule stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 158. ......d by the learned Judge of the Small Causes Court and Subordinate Judge, 3rd Court, Dhaka in SCC Suit No. 3 of 1995. 2. The relevant facts, necessary for disposal of the Rule, are that the opposite party No.1 instituted the above noted SCC Suit against the petitioner (defendant) for eviction of mo..Category: Property Law | Date: | Hits: 28
Abdur Rashid Mia (Md) Vs. Md. Hasem Ali Mia & others, 2003, 32 CLC (HCD)
....0. The learned Advocate for the pre‑emptor petitioner submits that both the Courts below found that the pre‑emptor is a co-sharer and entitled to preempt the case holding and that there is no defect of party and there is no development of the case land after the purchase, Both the Courts bel......din Ahmed and he sold the land on 30‑12‑1974 to the petitioner. Asgaar Ali sold his land to one Matiar Rahman and Abdul Basir Khan. Matiar Rahman Khan sold the land to the petitioner and opposite party Nos. 6 and 8. The petitioner is entitled to file the pre‑emption case. The co-sharer of the ..Category: Property Law | Date: | Hits: 39
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