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Khandakar (Md.) Shahjahan Vs. Md. Atiar Rahman Monshi & others, 2000, 29 CLC (HCD)
....act circumstances of the case I direct the parties to bear their respective costs. Lower Court’s record be sent immediately as possible. Ed. This Case is also Reported in: 53 DLR (2001) 275.......d Chairman as petitioner invoked this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure whereupon Rule was issued calling upon the opposite party No.1 to show cause as to why judgment and order dated 10-4-2000 passed by learned Subordinate ..Category: Election Law | Date: | Hits: 89
Abdul Samad Gazi Vs. Abdul Khalil Gazi and others, 2000, 29 CLC (HCD)
.... Munsif is hereby affirmed. In the result, the Rule is made absolute but without any order as to cost. Send down the records forthwith. Ed. This Case is also Reported in: 53 DLR (2001) 262.......sif, Upazila, Faridganj, in Title Suit No. 570 of 1984, should not be set aside. 2. The petitioner in this Case filed a suit for specific performance of contract of 25-05-1976 against the opposite party No.1 (defendant No.1) being Title Suit No. 207 of 1976 in the Court of Munsif, First Court, Ch..Category: Civil Law | Date: | Hits: 94
Dinesh Chandra Deb Vs. Dulal Chandra Karmakar and others, 2001, 30 CLC (HCD)
.... vacated. Let a copy of the judgment be communicated to the learned Senior Assistant Judge concerned. Send down the LC record immediately. Ed. This Case is also Reported in: 53 DLR (2001) 259.......d the solenama nor appointed any Advocate to file such solenama. The decree on the basis of the said solenama was obtained by practicing fraud upon the court. Hence the suit. 4. Defendant opposite party Nos.1 to 6 having entered appearance in the suit filed a joint written statement denying all t..Category: Procedural Law | Date: | Hits: 85
Noorjahan Akhter Vs. A Motaleb & ors., 2000, 29 CLC (HCD)
....f Title Suit No.3 of 1983 now pending in the Court of the Subordinate Judge, 2nd Court, Dhaka stands vacated. I make no order as to costs. Ed. This Case is also Reported in: 53 DLR (2001) 256.......ourt, Dhaka in Miscellaneous Case No. 29 of 1995 arising out of a partition suit being Title Suit No.3 of 1983 rejecting an application under section 4 of the Partition Act. 2. Plaintiff-opposite party No.1 has filed the aforesaid Title Suit No. 3 of 1983 in the Court of the Subordinate Judge, 2..Category: Property Law | Date: | Hits: 113
Fazlur Rahman & 38 others Vs. Government of Bangladesh and others, 1999, 28 CLC (HCD)
....e Rules are discharged without any order as to costs. The order of stay granted by this court earlier the above Rules, are hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 237.......rea of activity.” 57. Mr. Razzak has referred to a decision in the case of Md. Aflabuddin Vs. Government of Bangladesh in an unreported decision in Writ No. 2136 of 1994 in which one of us was a party wherein the curtailment contrary to rule 10(2) was declared without lawful authority. The said..Category: Constitutional Law | Date: | Hits: 109
Golam Mostafa Vs. Begum Rokeya Khandaker & others, 2001, 30 CLC (HCD)
....f fact also considered evidences and other materials on record and came in full agreement with the decision rendered by learned trial Judge. Ed. This Case is also Reported in: 53 DLR (2001) 232.......ow have been called in question by pre-emptee petitioner in invoking this Court’s Civil Revisional Jurisdiction on laying a petition under section 115 of the Code of Civil Procedure. 2. Opposite party No.1 of this Civil Revision petition in the capacity of a co-sharer by inheritance as pre-empt..Category: Property Law | Date: | Hits: 23
Mariam Begum Vs. State & another, 2000, 29 CLC (HCD)
....of Criminal Procedure by the learned Sessions Judge. In the result, the Rule is discharged. The stay granted earlier is hereby vacated. Ed. This Case is also Reported in: 53 DLR (2001) 226....... started and after investigation police submitted charge-sheet against the 13 accused- persons excluding the accused-petitioner and recommending him to discharge from the Case. The informant-opposite-party filed a Naraji Petition against the same before the learned Magistrate and the learned Magistr..Category: Criminal Law | Date: | Hits: 40
....im order of injunction in mandatory form dated 29-11-2000 is hereby set aside. No order as to cost.
Communicate this order to the Court.
Ed.
This Case is also Reported in: 53 DLR (2001) 220.
...... of the applications for addition, if none appears in Court when the matter is heard, and an order is passed thereupon by the Court, such order cannot be said to have been passed behind the back of a party.
12. Mr. Khondakar Ahmed in reply points out that the plaintiff has by this time preferred ..
Category: Civil Law | Date: | Hits: 84
Pubali Bank Ltd. Vs. Abdul Jalil Bhuiyan, 2000, 29 CLC (HCD)
....rected to dispose of the execution Case with utmost expediency. Communicate the order of the court to the learned execution court at once. Ed. This Case is also Reported in: 53 DLR (2001) 217.......tanding dues as on 28-3-91. During the pendency of the suit the defendant paid the plaintiff Bank an amount of Taka 4,00,000.00 in respect of the claims of the Bank. Eventually the defendant opposite party did not appear before the Artha Rin Adalat to contest the suit. The suit was ultimately decree..Category: Civil Law | Date: | Hits: 92
Dr Wakil Ahmed and ors. Vs. Sufia Khatun and ors., 2000, 29 CLC (HCD)
....of the papers from the Court. Accordingly, this Rule is discharged with the observation as above. There shall be no order as to cost. Ed. This Case is also Reported in: 53 DLR (2001) 214.......998. Judgment Md. Abdul Matin J.- This Rule is directed against order No.19 dated 24-5-1998 passed by the Additional Subordinate Judge, Dhaka in Title Appeal No. 48 of 1997. 2. The opposite party No. 1 as plaintiff instituted title suit No. 28 of 1993 in the Court of First Assistant Judge,..Category: Procedural Law | Date: | Hits: 90
Titas Gas (T & D) Co. Ltd. Vs. Commissioner of Taxes, 2000, 29 CLC (HCD)
....g expenses Taka 50,000.00 (c) Repair and maintenance of vehicles Taka 7,00,000.00 in spite of the fact that Assessee Company maintained all the vouchers and the DCT could not find out any specific defect; (v) Whether the Taxes Appellate Tribunal was justified in law in not allowing rebate of t......ocate also relied on the case of Sagorika and Co. (Pvt.) Ltd. Vs. Commissioner of Taxes reported in 27 BTD 87 wherein the same view was taken by a Division Bench of this Court wherein one of us was a party. The legal position is that in the computation of income profit and gains of company the DCT i..Category: Fiscal/Taxation Law | Date: | Hits: 82
Bangladesh Water Development Board Vs. Contractor, Manu Barrage, 2000, 29 CLC (HCD)
....ll realisation. The parties are directed to bear their own respective costs. Send down the record of the case without any further delay. Ed. This Case is also Reported in: 53 DLR (2001) 200. ......ore alive and, as such, without further pursuing arbitration, the suit instituted by the plaintiff is not maintainable. So, he submitted that the appeal should be allowed on this ground alone and the party should be directed to pursue the arbitration which they agreed in the contract. Then, he submi..Category: Civil Law | Date: | Hits: 132
Motaleb Hossain (Md) Vs. State and another, 2000, 29 CLC (HCD)
.... Magistrate ‘Ka’ Zone, Sirajganj is quashed. The accused petitioner is discharged from his bail bonds. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 198. ......has invited our attention to the fact that the transaction between the parties was a business transaction 3. Mr. Shahidul Islam, learned Advocate who appeared on behalf of the complainant opposite party, on the other hand, submits that the accused petitioner being ‘Beal’ of the complainant to..Category: Criminal Law | Date: | Hits: 42
Abdul Wahab Biswas Vs. Abdul Matin Miah & others, 1999, 28 CLC (HCD)
..... The learned District Judge should be careful henceforth in passing orders so that it may not be repeated. Communicate the order at once. Ed. This Case is also Reported in: 53 DLR (2001) 196.......er passed by the Subordinate Judge. Second Court, Faridpur on 09-11-97 in Title Suit No. 7 of 1997 granting temporary injunction.2. Short facts relevant are that the petitioner and pro forma opposite party Nos.6-13 being plaintiffs instituted Title Suit No.7 of 1997 in the Court of the Subordinate J..Category: Procedural Law | Date: | Hits: 81
Sree Bishonath Das and others Vs. Sree Binoy Kumar Das and others, 2009, 38 CLC (AD)
....by the courts below in finding possession and title in favour of the plaintiff respondent. Accordingly the leave petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 478.......e judgment and decree dated 30.08.1987 passed by the Monirampur Upazila Munsif Adalat, Monirampur, Jessore in Title Suit No.228 of 1984. 2. The facts, in short, are that the respondents-opposite party respondent Nos.1-3 as plaintiffs filed Title Suit No.228 of 1984 in the Court of the Monirampu..Category: Property Law | Date: | Hits: 27
Mojibor and another Vs. Md. Nurul Islam and others, 2010, 39 CLC (AD)
....the above, we find no substance in the submissions of the learned Counsel for the petitioners. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 467.......d that upon fraudulent document no declaration of title cannot be declared by a competent Court, the High Court Division erred in law in decreeing the suit without formal proof of exhibit-6 shows 1st party's name Siddiqur Rahman who belonged 'Ka' scheduled property comprising plot Nos. 595, 455, 674..Category: Property Law | Date: | Hits: 91
Prime Finance and Investment Limited Vs. Delwar H. Khan and others, 2009, 38 CLC (AD)
....he above, we find no substance in the submissions of the learned Counsel for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: VII ADC (2010) 459. ......there is no evidence that the Company had procured the same. Although the Industrial Promotion and Development Company of Bangladesh Limited (IPDC) had not filed an application for being added as a party they filed an affidavit-in-opposition stating therein that the Company had obtained a Term Loa..Category: Company Law | Date: | Hits: 197
Abdul Kadir Vs. Moslem Miah, 2009, 38 CLC (AD)
.... 13. In such view of the matter the impugned judgment does not call for any interference by this court and accordingly the leave petition is dismissed. Ed. This Case is also Reported in: ......01.1951 and delivered possession to him. As a result the plaintiff No.1 become the owner of entire 19 decimals of land from dag No.1350. Thereafter Arab Ali died leaving behind the defendant opposite party Nos.1-6 as sons and defendant opposite party No.7 as his daughter. The S.A. khatian No.187 of ..Category: Property Law | Date: | Hits: 26
....is granted to consider the same.
Security of Tk.1,000/- is to be deposited within one month.
Preparation of paper book is dispensed with as prayed for.
Ed.
This Case is also Reported in:
......respondent after receiving Tk. 24,65,256/- and to issue bills as per minimum charge and the rest Tk. 24,65,256/- is to be paid within next nine months in equal installments by the respondent-opposite party along with regular bills.
2. The facts, in short, are that the plaintiff-respondent filed ..
Category: Civil Law | Date: | Hits: 82
....rder dated 18-09-2008 passed in Civil Revision no. 04 of 2008 is hereby set aside.
Office is directed to communicate the at once.
Ed.
This Case is also Reported in: 16 MLR (AD) (2011) 233.......Chand Saha and others 3 BCR (AD) 221.
Lawyers Involved:
Md. Iqbal Hossain, Advocate-For the petitioners.
Tapan Kumar Chakrabarty, Advocate with S. M. Safiqul Islam, Advocate-For the opposite party nos. 2-3.
Civil Revision No. 4491 of 2008
Judgment
Syed Md. Ziaul Karim J.- Leave w..
Category: Property Law | Date: | Hits: 27
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