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Jaban Ali and others Vs. Tazir Muhammad and others, 2007, 36 CLC (HCD)
....ry hearing. On 5-8-1984 the petitioners filed an application for withdrawal of the suit with a liberty to institute a fresh suit in respect of the subject matter of such suit, on the ground of formal defects in framing the suit. After hearing, the said application was rejected. 6. On 6-8-1984, th...... refused." 9. The learned Counsel lastly submits that the impugned order suffers from illegality which calls for interference by this Court. 10. No one appears on behalf of the opposite party Nos. 1-2 to oppose the Rule. 11. In order to appreciate the submissions advanced by the..Category: Property Law | Date: | Hits: 23
Namita Rani Biswas and others Vs. Rabindra Nath Majhi and others, 2007, 36 CLC (HCD)
....estator having considered that the said plot was inadequate for their habitation, granted them licence to live On 1.64 acres of lands in plot numbers 224, 225, 221, 228 and 229 and that the grant was defective, inasmuch as no citation was issued upon the respondent No. 1 (petitioner) or his father o......he Appellants. Md. Kamrul Islam Siddique with Md. Bazlul Kabir Advocates—For the Respondents. Appeal from Original Decree No. 333 of 1997. Judgment SK Sinha J.- Opposite party No. 1 preferred this appeal from the judgment and order dated 9-10-97 of the District Judge, K..Category: Property Law | Date: | Hits: 68
Oriental Bank Ltd. Vs. Sitara Siddiq, 2007, 36 CLC (HCD)
....been examined as PW 1 in part, the trial Court is directed to dispose of the suit within three months from date of receipt of the Judgment. Ed. This Case is also Reported in: 59 DLR (2007) 573. ...... was felt that the LC records are not necessary to hear and dispose 6f the Rule. So, the Rule be treated as ready and the same be taken up for hearing. 2. Rule was issued calling upon the opposite party to show cause as to why the impugned judgment and order, dated 27-8-2005, passed by the Addi..Category: Civil Law | Date: | Hits: 82
AHM Moazzem Hossain Vs. State, 2006, 35 CLC (HCD)
....pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ......pearing for the petitioner, submits, that the entire proceeding, having been barred under the provision of the Act, 2005 (Act XI of 2005), the petitioner need not move the learned Session Judge. ..Category: Health Law | Date: | Hits: 251
Enamul Haq (Md) Vs. Jatiyo Bishwabiddalay and others, 2007, 36 CLC (HCD)
....thority having no legal effect. The petitioner be allowed to join in a permanent post of Lecturer in Arabic. There is no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 556. ...... 1, 2, 4 and 5 filed a joint affidavit-in-opposition controverting all the material allegations made in the writ petition. Their case, in short, is that the former Vice-Chancellor has not been made a party to the writ petition so as to enable him to answer the allegations brought against him. The Se..Category: Employment/Service Law | Date: | Hits: 65
Muhaiminul Hasan Khan Vs. Md. Nurul Islam Khan and others, 2001, 30 CLC (HCD)
....fresh and dispose of the original application for succession certificate in the light of above observations. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002)156....... of the minor who was all through living with her. After divorce, she did not marry a second time. Citation was accordingly made against those heirs of deceased Shahabuddin Ahmed Khan. 3. Opposite party No. 1, who was a Subordinate Judge at the time, alone opposed the application. His main object..Category: Property Law | Date: | Hits: 36
Pubali Bank Limited Vs. Mazid and Co. and others, 2000, 29 CLC (HCD)
....ost and the impugned order dated 31-3-93 passed by the Artha Rin Adalat, Narayangonj in Artha Rin Bandaki Case No. 93 of 1992 is set aside. Ed. This Case is also Reported in: 54 DLR (2002) 144. ......e parties after appearing in the said suit, took time on 30-11-92 and 11-1-93 for filling written statement and then on 18-2-93 the next date fixed for filing written statement the defendant-opposite party again prayed for time to file written statement and the petitioner having raised objection to ..Category: Procedural Law | Date: | Hits: 67
Bura Yunus and others Vs. State, 2007, 36 CLC (HCD)
....ked this provision of law and unnecessarily wasted Court's valuable time in holding trial of two cases. Similarly, the investigating officer (PW 14) and the public prosecutor failed to point out this defect and wasted their energy twice, which could have been avoided. 17. Let us now consider...... the charge under section 399 of the Penal Code. The appellants be set at liberty forthwith if not wanted in connection with any other case. Ed. This Case is also Reported in: 59 DLR (2007) 549...Category: Criminal Law | Date: | Hits: 90
Birendra Chandra Das Vs. Samir Ghosh and others, 2007, 36 CLC (HCD)
....ssessed at Taka 5,000,00. Order of stay granted at the time of issue of the Rule is hereby recalled and vacated. Communicate at once. Ed. This Case is also Reported in: 59 DLR (2007) 545. ......ed the order dated 28-9-05 of the Senior Assistant Judge of Kishoreganj passed in Other Class Suit No. 236 of 2002 and set aside the order of ad interim injunction. 2. On or about 25-6-02 opposite party No. 1 as plaintiff instituted the suit against the petitioner and others for a decree declarin..Category: Civil Law | Date: | Hits: 93
Mahmudur Rahman and another Vs. Bangladesh Bank and others, 2006, 35 CLC (HCD)
....d to have been made without lawful authority and is of no legal effect There will be no order as to costs. Ed. This Case is also Reported in: 59 DLR (2007) 540; 13 MLR (HCD) (2008) 353. ......forward to guarantee a loan taken by a person of lessor means. It should be noted that if a case is filed under the Artha Rin Ain for recovery of loan amount the guarantor, if any, can be joined as a party in the suit for recovery of loan money and decree may be passed against both the borrower and ..Category: Banking Law | Date: | Hits: 124
Khalilur Rahman (Md) Vs. Asgar Ali, 1999, 28 CLC (HCD)
....efendants contested the suit by filing written statement denying the material allegations of the plaint and contended, inter alia, that the suit as framed is not maintainable in law and it is bad for defect of parties. It was also contended that the plaintiff has no title and possession in the suit ......akurgaon in Title Suit No.20 of 1996 rejecting the defendant-petitioner’s prayer for cross- examining plaintiff Md. Asgar Ali. 2. Short facts relevant for disposal of the Rule are that, opposite party No. 2 Md. Asgar Ali as plaintiff instituted a suit in the Court of the Senior Assistant Judge,..Category: Procedural Law | Date: | Hits: 76
Shamshad Asif Vs. Additional District Judge and others, 1999, 28 CLC (HCD)
....ules are discharged with cost at the rate of Taka 1,000.00 to be paid by the petitioner of each Rule to the contesting respondent No.2. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 138.......ervice of notices upon the petitioner by the Bankruptcy Court no written objections under section 27 of the said Act was filed by the petitioner in any of the cases and no evidence was adduced by any party and, as such, there was no scope for dismissal of the plaint under section 28 of the said Act ..Category: Civil Law | Date: | Hits: 78
....d no relief can be given without making that Board as one of the respondents. The learned Advocate further argued that though officials of the Board have been made respondents, this will not cure the defect. The learned Advocate also argued that under sub-clause 3 of Clause 13 of the Chittagong Port......tance in the submissions of the learned Counsel for the appellants.
In the result, the appeal is dismissed without any order as to costs.
Ed.
This Case is also Reported in: VII ADC (2010) 803...
Category: Labour and Industrial Law | Date: | Hits: 109
Dr. Md. Kamrul Ahsan Talukder Vs. Nurun Nahar and others, 2009, 38 CLC (AD)
....Suit No.81 of 1982. 3. The defendant contested the case filing written statement denying material allegations contending, inter-alia, that the plaintiff’s suit is barred by limitation; bad for defect of parties and that they obtained the decree by fraud. It is the defendant's claim that the s......ai to sell the land to Mozaffar; that the said Bolai having refused the plaintiff filed Other Class Suit No.366 of 1984. Haji Sharif and Hanif appeared in the case with an application for addition of party; that the said application was rejected; that the defendant did not add the plaintiff's predec..Category: Property Law | Date: | Hits: 37
Azizur Rahman Vs. Bangladesh Shilpa Rin Sangstha and ors., 2002, 31 CLC (HCD)
..... In the result, the Rule is discharged without any order as to costs. The order of stay granted earlier by this Court is hereby vacated. Ed. This Case is also Reported in: 55 DLR (2003) 107....... Adalat, Dhaka in Miscellaneous Case No. 36 of 1993 transferring the aforesaid case to the Court of the District Judge, Dhaka. 2. Short facts relevant for the purpose of the case are that opposite party Bangladesh Shilpa Rin Sangstha filed an application before the District Judge, Dhaka for reali..Category: Civil Law | Date: | Hits: 79
Jamal Uddin Ahmed Vs. Abdul Haque and another, 2002, 31 CLC (HCD)
....818 as of the date 30th September, 1993, in Class‑6 in respect of CI. Fittings, is cancelled. In the result, the petition is allowed. Ed. This Case is also Reported in: 55 DLR (2003) 102. ......h, the petitioner filed a criminal case being No. CR No. 1305 of 2001 before the Chief Metropolitan Magistrate, Dhaka and by his order 10 (ten) items of sanitary fittings manufactured by the opposite party No. 1 were seized. It is stated that since the registration of the mark 'Lucky' for the sanita..Category: Intellectual Property Law | Date: | Hits: 175
Hafizuddin Ahmed Vs. M Aslam Miah & others, 2002, 31 CLC (HCD)
....d that the cancellation of the sanction by the Administrator was illegal and void and not binding upon him. 7. On the aforesaid pleadings, issues regarding maintainability of the suit, limitation, defect of parties and validity of the deeds of sale, etc. were raised. The plaintiff examined 3 witn......tion 64 of the Ordinance to remove the unauthorised occupants from said 15 decimals of land, immediately. Send down the record at once. Let a copy of this judgment and order be sent to opposite party No. 5, the Administrator of Waqfs for his perusal and necessary action. Ed. This Case is ..Category: Trust/Waqf Law | Date: | Hits: 228
Uzzal alias Elias Hossain Vs. State, 2006, 35 CLC (HCD)
....in and to be paid to the informant Abdul Mannan, the father of the victim, as compensation. Send down the lower Court records at once. Ed. This Case is also Reported in: 59 DLR (2007) 505.......he police made under section 161 of the Code of Criminal Procedure. The learned Advocate emphatically submitted that the alleged injuries were subsequently introduced at the behest of the informant party and to that extent the post-mortem report is false. He further supported his contention by poi..Category: Criminal Law | Date: | Hits: 35
Tuta Pramanik (Md) Vs. State, 2007, 36 CLC (HCD)
....is set at liberty forthwith, if he is not wanted in connection with any other case. Send down the lower Court records expeditiously. Ed. This Case is also Reported in: 59 DLR (2007) 492.......amination he admitted that accused-appellant is his brother by village courtesy. He was cross-examined by the defence. 15. PW 6 Md. Rezaul Karim is a police witness and a member of the raiding party who narrated the entire occurrence as it has been deposed by PW 1, the informant. He stated th..Category: Criminal Law | Date: | Hits: 42
Superintendent Engineer, PWD & another Vs. A Mahiuddin and others, 2007, 36 CLC (HCD)
....e and the judgment and decree dated 4-3-2002 passed by the learned Joint District Judge, is hereby affirmed. Send down the LCR at once. Ed. This Case is also Reported in: 59 DLR (2007) 476. ......ts-respondents came before this court and obtained the present Rule. 11. Mr. Zafor Ali, the learned Assistant Attorney-General for the petitioners, submits that the lease of the plaintiff-opposite party was expired on 14-8-1998; that he has no right in the suit land, that the learned Additional D..Category: Property Law | Date: | Hits: 28
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