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....eceipt of the copy of this judgment.
In the result, the Rule is disposed of with the aforesaid observation without any order as to costs.
Ed.
This Case is also Reported in: 54 DLR (2002) 35.
......ng an application for temporary mandatory injunction under section 55 of the Specific Relief Act, directing the defendant petitioner to restore gas connection to the factory of the plaintiff opposite party within 7 days from the date and to submit subsequent gas bills as per meter reading.
2. The..
Category: Civil Law | Date: | Hits: 115
Ripon Packaging and Accessories Ltd. Vs. Eastern Bank Ltd. and another, 2001, 30 CLC (HCD)
....aw and both the suits be disposed of as early as possible preferably within 3 (three) months from the date of receipt of the copy of this Judgment. This Case is also Reported in: 54 DLR (2002) 31. ......r the purpose of disposal of this Rule are that the present petitioner as plaintiff instituted a Title Suit No. 153 of 1998 in the Court of 5th Subordinate Judge, Dhaka against the defendant-opposite party Nos. 1 and 2 for a declaration that demand of interest and penal interest by the defendant Ban..Category: Civil Law | Date: | Hits: 73
.... application under Order 7 rule 11 of the Code for rejection of the plaint held,-
“But the cause title and the prayer portion does not come within the ambit of averments made in the plaint. The defect must be found out from the averments made in the plaint.”
37. Submission appears to be t...... of an arbitration agreement or award, nor shall any arbitration agreement or award be set aside, amended, modified or in any way affected otherwise than as provided in this Act.
Section 33.- Any party to an arbitration agreement or any person claiming under him desiring to challenge the existen..
Category: Civil Law | Date: | Hits: 101
M. Abul Quashem & ors. Vs. Moulvi Abdur Rab Miah & others, 2002, 31 CLC (HCD)
....ceipt of the order in accordance with law. Stay granted earlier is hereby vacated. Communicate the order to the Court concerned at once. Ed. This Case is also Reported in: 55 DLR (2003) 32....... Revisional Jurisdiction) Present: Md. Abdur Razzaque J M. Abul Quashem & ors……………..……Defendants petitioners Vs. Moulvi Abdur Rab Miah & others…………..….Opposite party Judgment July 22, 2002. Case Referred To- Mosharraf Hossain Mia Vs. Mosammat Has..Category: Property Law | Date: | Hits: 28
Gazi Tayebur Rahman Vs. Saikh Md. Ali and others, 2002, 31 CLC (HCD)
....he mistake done by the Courts official the same trial court may by invoking the power under restore the Miscellaneous Case to its file and number upon setting aside the dismissal order to rectify the defects done by the Court's official to do complete justice and thereby to save the parties from fur......M Qumrul Haque Siddique, Advocate‑ For the Petitioner. Not represented‑ the Opposite Parties. Civil Revisional No. 2699 of 1996. Judgment Md. Abdur Razzaque J.- By this Rule opposite party Nos. 1 and 2 were called upon to show cause as to why the judgment and order dated 21‑4‑96..Category: Property Law | Date: | Hits: 36
Osman Ali (Md) Vs. Md. Makbul Hossain and Others, 1999, 28 CLC (HCD)
....se of the case within 3 months from the return of service of notice for hearing upon the parties after the receipt of the case record. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 109. ......o hereinafter as the Act, against order dated 01-02-86 passed by the learned Munsif at Upazila Pirgachha, Rangpur allowing an application made under section 151 of the Code by the pre-emptor opposite party and restoring the Miscellaneous Case No. 31 of 1984 to its file and number on setting aside th..Category: Civil Law | Date: | Hits: 69
Firojul Islam (Md) (Firoj) Vs. Zahanara Akter, 1999, 28 CLC (HCD)
....efore called for. Resultantly, this Rule stands discharged both on the question of maintainability and also on merit. No costs. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 107. ......s an order dated 20-4-99 recorded by the learned Senior Assistant Judge and Family Judge, Khulna in Family Suit No.71 of 1997 rejecting an application for obtaining expert opinion. 2. The opposite party No.1 as plaintiff instituted the suit for dower money impleading the present petitioner as def..Category: Family Law | Date: | Hits: 185
Idrish Ali Bhuiyan (Md) Vs. Dr. Alauddin Ahmed & ors., 2002, 31 CLC (HCD)
....g out the name of respondent Nos. 1‑3, 8 & 9 and the prayers 'b', ‘c’, ‘d’ & ’e’ in the prayer portion of the election petition. Ed. This Case is also Reported in: 55 DLR (2003) 19.......y striking out the respondent Nos. 1‑3 & 8, 9 and also striking out the Paragraph B, C, D & E of the prayer portion of the original election petition stating the aforesaid parties are not necessary party in the election petition and the prayers as stated above are redundant in the petition and he ..Category: Election Law | Date: | Hits: 85
Hanif Ali (Md) Vs. Hajera Khatun and others, 2002, 31 CLC (HCD)
....oner before the trial Court for the amendment is allowed. In view of the facts and circumstances there will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (2003) 17. ......the rule are very wide and Court can re‑call witness even while considering its judgment, if any, ambiguity or omission is noticed. The power can be exercised suo motu and also at the instance of a party………………………….(13) A suit for partition remains pending till pass..Category: Property Law | Date: | Hits: 34
Habib (Md) and another Vs. State represented by the Deputy Commissioner, 1999, 28 CLC (HCD)
.... proceedings of GR Case No. 929 of 1998 so far it relates to the present petitioners Md. Habib and Ahmed Abdullah Lokman are quashed. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 105. ......s—For the Petitioners. Rafiqul Haque with M Nazrul Islam, Advocates—For the Opposite Party. Criminal Appeal No.1156 of 1999. Judgment Md. Hamidul Haque J. - By this Rule the opposite party was called upon to show cause as to why the proceedings of GR No. 929/98 now pending in the Co..Category: Criminal Law | Date: | Hits: 39
Kalur Hat KC Bilateral School Vs. Sabbir Hossain Chowdhury & others, 1999, 28 CLC (HCD)
....er as to costs and the impugned order of the learned District Judge is set aside and that of the learned Subordinate Judge is restored. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 102.......n coming to his own findings on the question of prima facie title, convenience and inconvenience of the parties. 15. The order of status quo is no doubt an injunction but such order encourages the party or the parties out of possession to use force to disposes the party in possession, when the do..Category: Property Law | Date: | Hits: 21
Saroj Kanta Sarker Vs. Seraj‑ud‑Dowla & ors., 2003, 32 CLC (HCD)
....he appeal is allowed with cost. Impugned judgment and decree are hereby set aside. The suit is dismissed. Send down the LCR at once. Ed. This Case is also Reported in: 56 DLR (2004) 39. ......t noticing that there is no Mention Of Such endorsement and/or acknowledgment in the paint and without any proof thereof. 22. Next, lie submitted that Mohammadi Housing Ltd was neither a necessary party not, a proper party to be added as defendant No. 4 in the suit. It was now proved the Company ..Category: Civil Law | Date: | Hits: 78
Shahidul Islam (Md) alias HM Shahid Vs. State, 2003, 32 CLC (HCD)
....used appellant Md. Shahidul Islam alias HM Shahid, son of Md. Afseruddin Howlader be set at liberty forthwith if not wanted in any other case. Ed. This Case is also Reported in: 56 DLR (2004) 35....... beyond reasonable doubt." 18. The evidence as adduced by both the prosecution and the defence is enough to show that the victim girl PW 2 willingly went with the accused appellant as a consenting party and that is why there was no hue and cry, no resistance put up by the victim girl, and the pro..Category: Criminal Law | Date: | Hits: 43
Abdul Kader Mirza and another Vs. Bangladesh, 2003, 32 CLC (HCD)
....he Writ Petition No. 5951 of 2003 is disposed of with the direction as given above and Writ Petition No. 6047 of 20031 is rejected summarily. Ed. This Case is also Reported in:56 DLR (2004) 31. ......ity of the Government to transfer the cases stating, inter alia, that the Government being the appointing authority of the Judges of the Druta Bichar Tribunals and the Government being nevertheless a party to the case ought not to have been given the authority to transfer the cases to the Tribunals ..Category: Criminal Law | Date: | Hits: 50
National Bank Ltd. and others Vs. Habib Bank Ltd. and others, 2002, 31 CLC (HCD)
.... dismissed. In the circumstances, there shall be no order of costs in any of the appeals. Send down the lower Court records forthwith. Ed. This Case is also Reported in: 56 DLR (2004) 15. ...... by negotiation he meant receiving the documents, scrutinising the same, finding them in conformity with the LC, paying the amount to the parties and reimbursement. He could not say how they paid the party, that he did not remember the date of payment but it was immediately after negotiation, that N..Category: Business or Commercial Law | Date: | Hits: 202
Osiar Rahman Vs. Dharus Sunnah Islamia Madrasha, 1996, 25 CLC (HCD)
....4 of 1988 is set aside. The Other Suit No.14 of 1988 is restored to its original file and number. Send down the LC Records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 93. ......the court of appeal below, dismissed the suit on the finding that the same was barred by res judicata in that plaintiff as against the ex parte decree obtained by the defendant No. 1, herein opposite party, in Other Suit No. 15 of 1985 filed Miscellaneous case under Order 9 rule 13 CPC on the allega..Category: Civil Law | Date: | Hits: 66
Narayanganj High School and others Vs. Pran Ballave Saha Banik and others, 1998, 27 CLC (HCD)
....ffirmed by the District Judge, Narayanganj in Title Appeal No.60 of 1990, are maintained. Send down the lower Court records at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 90.......nj in Title Appeal No. 60 of 1990 affirming the judgment and decree dated 30-4-90 passed by the Senior Assistant Judge, Narayanganj in Title Suit No. 91 of 1989 decreeing the suit. 2. The opposite party No.1 as plaintiff instituted a suit in the 4th Court of Assistant Judge, Narayanganj being Tit..Category: Employment/Service Law | Date: | Hits: 72
Nibash Chandra @ Chinu Vs. Dipali Rani and another, 1999, 28 CLC (HCD)
....y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87.......y at once if not required in any other case. Bail bond is discharged. LC record along with copy of the judgment be sent down at once. Ed. This Case is also Reported in: 52 DLR (HCD) (2000) 87...Category: Family Law | Date: | Hits: 175
Delwar Hossain Sowdagar Vs. State, represented by the Deputy Commissioner, 2002, 31 CLC (HCD)
....tive claims in the civil Court. In that view of the matter the impugned proceedings are quashed. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 55 DLR (2003) 5. ......te Party No. 2 Syed Abu Kowser Deputy Attorney‑General‑For the State. Criminal Miscellaneous Case No. 3204 of 2002. Judgment MA Aziz J.- This Rule was issued calling upon the opposite party to show cause, why the proceedings of Chittagong Kotwali PS Case No. 49(11) 2001 dated 21‑11..Category: Civil Law | Date: | Hits: 83
....val of the petitioner is illegal and without any lawful authority.
The Rule is accordingly disposed of without any order as to costs.
Ed.
This Case is also Reported in: 52 DLR (HCD) (2000) 81.......r. Altaf Hossain. Since the learned Advocate Mr. Abdul Baset Majumder, Mr. Abu Sayeed Sagor and Chowdhury Sanwar Ali appeared in Court and opposed the prayer for bail being appointed by the informant party they should not act as Public Prosecutor or should not assist the Public Prosecutor in any man..
Category: Employment/Service Law | Date: | Hits: 108
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