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Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)

....Ali, Advocate ‑ For Opposite Party No. 1. Civil Revision No. 3942 of 1991. Judgment Md. Abdur Rashid J. - The Rule was issued by a Single Bench of this Division against judgment and decree dated 22‑3‑88 passed by Subordinate Judge, Court No. 1 at Sylhet in Title Appeal No. 94 of 1987,......y, he submitted that as the plaintiff was removed from service by termination simpliciter with all benefits that were available so no suit against such termination was maintainable. 16. Following decisions were cited at the Bar: 1. BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; 2. Ne..

Category: Employment/Service Law | Date: | Hits: 174

Bangladesh Electrical Indus­tries Limited and another Vs. Sena Kalyan Sangstha and others, 1992, 21 CLC (HCD)

....€‘ For the Opposite Party No.7. Civil Revision No. 2762 of 1992. Judgment Amirul Islam Chowdhury J.- This Rule was issued on the opposite party Nos. 1 and 2 to show cause as to why the order dated 15.9.92 passed by the Subordinate Judge, 4th Court, Dhaka in Title Suit No.162 of 1992 should ...... Co. & Ors. reported in AIR 1955(Cal) 132 and the case of in re The Peninsular Life Assurance Co. Ltd. reported in AIR 1936 (Bom) 24 and submits that in view of the law laid down in the aforesaid decisions the impugned order dated 15.9.92 cannot be sustained and is liable to be set aside. 6. ..

Category: Company Law | Date: | Hits: 181

CQM Md. Ayub Ali Vs. Bangladesh, represented by the Secretary, Minis­try of Works & others, 1993, 22 CLC (HCD)

....762 (26) against serial number 62 under the caption "Name of areas" Mohammadpur, Block 'F' Dhaka" shall not be declared to have been made without lawful authority and as to why the judgment and order dated 23rd May7 1989 passed by the Court of Settlement in case No.668/88 (Annexure E annexed to the ......tlement shall after such enquiry as it may deem necessary and after giving reasonable opportunity to the parties concerned of being heard and, also adducing evidence, both oral and document make such decision. The Court of Settlement on consideration of the materials on record before it has arrived ..

Category: Property Law | Date: | Hits: 81

Madina Vegetable and Oil Refi­nery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)

....into a voyage charter ­party with the owner of the defendant 1, through the defendant 4. The defendant 7 is the supplier the bills of lading for the plaintiffs’ cargo. The defendant 4 by its telex dated 23.6.1993 confirmed defendant 5 that the Bills of Lading were in order. The Bank of China, Sin......1993. Judgment AM Mahmudur Rahman J.- The application for arrest of the vessel along with the application for injunction filed by the plaintiff are taken up for hearing together inasmuch as the decision of the application for arrest will govern the decision of the application for injunction. ..

Category: Admiralty Law or Maritime Law | Date: | Hits: 383

Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)

....ation of Bangladesh the Syndicate of the University in exercise of its power under section 31(2) of the said Ordinance, 1961 amended clause 8(2) of the First Statutes by the impugned resolution No.58 dated 17‑6‑72 renaming four Halls amongst the aforesaid six Halls and of them Salimullah Muslim ......f Bangladesh and the spirit of the Constitution "to grow as a Liberal Democratic Nation" as claimed by the University Authority in their affidavit-in-opposition. This view of ours is supported by the decision in the case of Hamidul Huq Chowdhury Vs. Bangladesh, where a law called the Government‑ow..

Category: Civil Law | Date: | Hits: 63

Abdur Rahman (Md.) & another Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)

...., 'D(1)' and 'D(2)' respectively. The petitioners state that it is this 0.0667 of acre of land from the SA Plot No.1730 which was purchased by them from Sunil Kumar Ghosh by a registered deed of sale dated 20­-2‑1996 (Annexure‑'E'). Thereafter, the petitioners filed Mutation Case No.1038 of 199......ed thereon. The order of stay granted at the time of issuance of this Rule is hereby recalled and vacated. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 60. ..

Category: Property Law | Date: | Hits: 113

KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)

....-For the Respondents. First Appeal No.114 of 2003. Judgment Md. Abdul Matin J.- This appeal under section 96 of the Bankruptcy Act, 1997 is directed against judgment and order (adjudication) dated 27‑1‑2003 passed by the Additional District Judge and Bankruptcy Court, Dhaka in Bankruptc......ppellant, submits that at least the Court could have compared signature of the appellant appearing in Exhibit 2 with the admitted signature of the appellant appearing in Exhibit 3 and come to its own decision. But facts remain that the defendant No.3 could have applied for expert's opinion on the ma..

Category: Civil Law | Date: | Hits: 83

Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)

....rney‑General-For the Respondents. Writ Petition No.1052 of 2004. Judgment Md. Abdul Wahhab Miah J.- This Rule Nisi was issued calling upon the respondents to show cause as to why the order dated 1‑3‑2004 passed by respondent No.1 in the file under bill of entry No.C‑3187 dated 25‑......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..

Category: Fiscal/Taxation Law | Date: | Hits: 111

Abul Kashem Al-Asad Vs. Bangladesh, represented by the Secretary, Ministry of Land & others, 2004, 33 CLC (HCD)

....rs- For the Opposite Parties. Civil Revision No. 3699 of 2002. Judgment Bijan Kumar Das J.- By this Rule the opposite party No.1 was called upon to show cause as to why impugned order No.104 dated 10‑6‑2002 passed by the Assistant Judge, Gowainghat, Sylhet in Title Suit No.31 of 1999 sh......estion of controversy between the parties by introducing a completely new and alternative case from the one put in the original written statement. In support of his submission Mr. Deb has relied on a decision in the case of Abul Kalam Azad and another Vs. Sushar Ali and others reported in 46 DLR (AD..

Category: Property Law | Date: | Hits: 71

Rafia Begum Vs. Afroza Bewa and others, 2004, 33 CLC (HCD)

....Respondents. Appeal from Original Decree (FA) No.76 of 1998. Judgment AKM Fazlur Rahman J.- This appeal at the instance of the plaintiff-appellant is directed against the judgment and decree dated 4‑2‑1998 passed by the learned Subordinate Judge, Second Court, Bogra in Other Class Suit ......and decree appealed from is hereby affirmed. Send down the lower court’s records at once with a copy of this judgment for information. Ed. This Case is also Reported in: 57 DLR (2005) 48. ..

Category: Property Law | Date: | Hits: 63

A Halim (Md.) Vs. Mafijul Islam Tarafder alias Kalu and others, 2004, 33 CLC (HCD)

....he Opposite Parties. Civil Revision No.3640 of 2001. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the Opposite Party No.1, to show cause as to why the Judgment and decree dated 2‑5‑2001 passed by the Subordinate Judge, 3rd Court, Mymensingh, in Title Appeal No.77 of ......er vacant possession of the suit land to the plaintiff within 30(thirty) days from this date. Send down the lower courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 43. ..

Category: Property Law | Date: | Hits: 80

Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)

.....- On an application by the petitioner under section 115(1) of the Code of Civil Procedure a Rule was issued calling upon opposite party No. 1 to show cause as to why the Mentioned judgment and order dated 11‑3‑1989 passed by the learned Subordinate Judge, Nawabganj in Miscellaneous Appeal No. 1......ed of sale dated 13‑3‑1976, though registered on 19‑3‑76 was earlier to the deed of exchange in point of time and has preference over the deed of exchange. In this connection, he also cited a decision in the case of Fazar Ali and others Vs. Afzal Mia and others, reported in 9 DLR 258 wherein..

Category: Property Law | Date: | Hits: 79

Azam Reza Vs. State, 2004, 33 CLC (HCD)

....m Reza calling upon the Deputy Commissioner, Dhaka to show cause as to why the petitioner should not be enlarged on bail in GR Case No.18 of 2004 arising out of Gulshan Police Station Case No.18(1)04 dated 10‑1‑2004 under sections 302/201 of the Penal Code now pending in the 3rd Court of Additio......tted suicide since as per him the said report does not contain anything about any injuries and marks which was supposed to be caused in killing. In support of his such submission he has referred to a decision of this Court in the case of Ashraf Ali Munshi Vs. State reported in 48 DLR 590 (particular..

Category: Criminal Law | Date: | Hits: 96

Inspector of Schools, Board of Secondary and Higher Secondary Education, Dhaka and others Vs. Managing Committee, Khashmahal Balurchar High School and others, 2003, 32 CLC (HCD)

....ates-For the Opposite Parties. Civil Revision No. 4430 of 2002. Judgment MA Wahhab Miah J.- This Rule was issued calling upon the opposite parties to show cause as to why the impugned order dated 8‑6‑2002 passed by the Senior Assistant Judge, Sirajdikhan, Munshigonj in Title Suit No.12......ality of the show cause notice issued by the Board as to why the Managing Committee of the school should not be dissolved has been challenged, have committed error of law resulting in an error in the decision occasioning failure of justice in not rejecting the plaint. In support of his contentio..

Category: Procedural Law | Date: | Hits: 72

One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)

....ion No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January, 2011 passed by the High Court Division in Writ Petition No.1376 of 2009) Orde......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963...

Category: Civil Law | Date: | Hits: 59

Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)

....urul Amin, Advocate, instructed by AKM Shahidul Huq, Advocate-on-Record-For Respondent No.1. Not Represented-For Respondent No. 2. Civil Appeal No. 260 of 2003. (From the judgment and order dated 10.7.2000 passed by the High Court Division in Civil Revision No. 414 of 1999.) Judgment ......iction not vested in it by law, or have acted in exercise of it’s jurisdiction illegal­ly which have occasioned a failure of jus­tice or breach of some provisions of law or material defect in the decision affecting the ultimate decision, the revisional juris­diction of the High Court Division c..

Category: Civil Law | Date: | Hits: 55

Roy Mohan Dey Vs. Jogesh Chandra Dey being died his legal heirs: Snehabala Dey and others, 2011, 40 CLC (AD)

....li, Advocate instructed by Chowdhury Md. Zahangir Advocate-on-Record-For Respondent Nos.1 (a)-1(g) Not represented-Respondent No.2. Civil Appeal No. 105 of 2004. (From the judgment and order dated 18.12.2002 passed by the High Court Division in Civil Revision No.3847 of 1996.) Judgment ......t Judge, Chittagong which was ultimately heard and disposed by the learned Subordinate Judge, Commercial Court and Artharin Adalat, Chittagong. 8. The appellate court though upheld the finding and decision of the trial court that the defendant No.1 was not adopted son of Purna Chandra, but it set..

Category: Property Law | Date: | Hits: 49

Pulin Mahajan Vs. State, 2011, 40 CLC (AD)

....pellant. Momtazuddin Fakir, Additional Attorney General, instructed by Giasuddin Ahmed, Advocate on Record - For the Respondent. Criminal Appeal No. 21 of 2010. (From the judgment and order dated 2.2.2009 passed by the High Court Division in Criminal Appeal No.588 of 1989.) Judgment ......it in this appeal. The appeal is allowed. The judgments of Courts below so far as it relate to the appellant's conviction are set aside. Ed. This Case is also Reported in: VIII ADC (2011) 982. ..

Category: Criminal Law | Date: | Hits: 81

Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)

....cate - For the Petitioner. Oziullah, Advocate - For the Opposite Party. Civil Revision No.1886 of 1996. Judgment Gour Gopal Saha J. - This Rule is directed against the judgment and decree dated 21-8-95 passed by the learned Senior Assistant Judge, Rajshahi Sadar in SCC Suit No.8 of 1992 ......w in passing the impugned judgment without at all considering and discussing the evidence of any of the witnesses examined by the contending parties and the same has resulted in error in the impugned decision occasioning failure of justice. 5. Mr. Oziullah, the learned Advocate for the opposite p..

Category: Property Law | Date: | Hits: 64

Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)

.... Advocate - For the Petitioner. Not Represented - For the Opposite Party. Civil Revision No. 1593 of 1991 Judgment Gour Gopal Saha J.- This Rule calls in question the judgment and decree dated 1-9-90 passed by the learned Subordinate Judge, Dinajpur in Other Class Appeal No.127 of 1987 ...... that the learned Subordinate Judge erred in law in passing the impugned judgment without properly appreciating the provision of Order 7 rule 11 CPC and the same has resulted in error in the impugned decision occasioning failure of justice. 7. None appears on behalf of the plaintiff opposite part..

Category: Property Law | Date: | Hits: 62