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Gouri Rani Dutta Vs. Taib Ali & others, 1989, 18 CLC (HCD)
....ithdraws from a suit, or abandons part of a claim, without the permission referred to sub-rule (2) he shall be liable for such costs as the court may award and shall be precluded from instituting any fresh suit in respect of such subject matter or such part of the claim………&helli......l Procedure is directed against the judgment and order dated 21.5.86 passed by Mr. TIM Nurunnabi Chowdhury, Subordinate Judge, 1st Court, Dhaka rejecting the defendant petitioner's application under Order VII rule 11(d) C.P.C. for rejection of plaint of Title Suit No.108 of 1986. ..Category: Procedural Law | Date: | Hits: 92
Commissioner of Taxes Dhaka (South) Zone, Dhaka Vs. Ujala Match Factory, Shampur, 1991, 20 CLC (HCD)
....n 66A(2) of the Income Tax Act, 1922 for preferring an appeal to the Appellate Division against this judgment. The prayer is allowed. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 36. ...... Advocate – For the Applicant. CR Ali with Abu Bakar, Advocates‑ For the Respondent. Application Nos. 1, 2 and 3 of 1984. Judgment Abdul Bari Sarker J.- These three cases arise out of applications under section 66(1) of the Income Tax Act, 1922 filed by the Commissioner of Taxes, Mak..Category: Fiscal/Taxation Law | Date: | Hits: 171
Majiruddin Ahmed, Advocate Vs. Chairman, Bangladesh Bar Council and others, 1991, 20 CLC (HCD)
....erably within three months from date and the petitioner Advocate is directed to duly appear before the Tribunal on the dates of hearing. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 35.......n, Advocate ‑ For the respondent No.1. Writ Petition No. 461 of 1991. Judgment Fazle Hussain Mohammad Habibur Rahman J.- ÂThe petitioner Majiruddin Ahmed (Advocate, Supreme Court) in this application under Article 102 of the Constitution prays for issuance of a Rule Nisi upon respondent ..Category: Employment/Service Law | Date: | Hits: 94
Bangladesh Vs. Abdul Wahab & others, 1991, 20 CLC (HCD)
.... taken his Lordship Mr. Justice Bimalendu Bikash Roy Chowdhury. In the result, the Rule is discharged without any order as to cost. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 30. ......€‘ For the Petitioner. M Nurullah with M Shafiullah, Advocates - For the Opposite Parties. Civil Rule No. 114(F) of 1990. Judgment Syed Fazle Ahmed J.- The rule which arose out of the application condonation of delay in preferring appeal was heard by the Bench comprising Mr. Justice ..Category: Procedural Law | Date: | Hits: 87
Tajjaternessa Vs. Md. Suruj Mia and others, 1992, 21 CLC (HCD)
.... 1963 is set aside. Any of the parties to decree in that suit may apply for engrossment of the decree on stamped paper, if so advised. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 28. ......Advocate ‑ For the Opposite Party Nos. 1‑3. Civil Revision No. 276 of 1984 (Comilla) and Civil Revision No.  5096 of 1991 (Dhaka) Judgment Md. Badruzzaman J.- In this Rule, issued on an application under section 115 of the Code of Civil Procedure, the defendant No.1 challenged the lega..Category: Property Law | Date: | Hits: 76
Abdul Jalil Vs. Chairman, Rural ElectriÂfication Development Board and others, 1992, 21 CLC (HCD)
.... No.89 taken on 8.1.86 by the Board so far as it relates to the petitioner is declared to have been made without any lawful authority. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 24. ......of respondent Board and that the Board being a juristic person it can sue and be sued as statutory Board and the decision having been taken by the Board and the Board having not been made a party the application is not maintainable. It is the further case of the respondent No.2 that it took the impu..Category: Constitutional Law | Date: | Hits: 187
Sheikh Md. Shahidun Nabi Vs. University of Dhaka and others, 1991, 20 CLC (HCD)
....in passing the impugned order dated 28.11.89 (Annexure-I). In the result, the Rule is discharged but without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 20. ......after the publication of the result of BA (Pass) Examination hold in October/November, 1987 upon the alleged complaint of a person against the petitioner is mala fide, arbitrary and vitiated by non‑application mind and is also violative of principles of natural justice. 5. Mr. Shafique Ahmed, t..Category: Others | Date: | Hits: 122
Abdul Jalil Sheik Vs. Md. Abdul Quddus Sarker, 1991, 20 CLC (HCD)
....e matter of pre‑emption by giving the parties due notice. In the result, the Rule is made absolute without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 18. ......emption case i.e. Miscellaneous Case No.32 of 1983 came for hearing on 8.8.85 the learned Munsif discussed everything in great detail and all the points were found in favour of the pre‑emptor. His application under section 96 was found to be within time. He was found to be a contiguous land‑hol..Category: Property Law | Date: | Hits: 75
Afzal Meah Vs. Bazal Ahmed and others, 1991, 20 CLC (HCD)
....sc. Appeal referred above and as such his Judgment and order do not interference. In the result, the Rule is discharged with costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 15. ......ptor petitioner filed the pre‑emption case being Miscellaneous Case No.608 of 1979 in the Court of Munsif, 1st Court, Chittagong contending, inter alia, that the land described in Schedule 1 of the application originally belonged to Tamizuddin as per CS record of right and after the death of said ..Category: Property Law | Date: | Hits: 72
....herefore, find no merit in the contentions of the learned Advocate for the appellant.
In the result, the appeal is dismissed with costs.
Ed.
This Case is also Reported in: 48 DLR (1996) 28.
...... said question at the stage of the hearing interlocutory injunction matter as the matter was not raised before the court below depriving the plaintiff opportunity to meet such objection.
6. In the application for temporary injunction plaintiff prayed for restraining the defendant and his employee..
Category: Intellectual Property Law | Date: | Hits: 224
Begum and Company Ltd. Vs. Rupali Bank and others, 1994, 23 CLC (HCD)
.... the result, the Rule is made absolute without any order as to costs. The learned Subordinate Judge is directed to hear the application for amendment and the objection filed by the defendant Nos.1-4 afresh and to dispose of the same in accordance with law within a reasonable time preferably 3 (three......debited in the regional branch on receipt of the credit vouchers and the said prayer was allowed. On 21.5.1990 while the suit was ready for final hearing after several adjournments plaintiff filed an application for amendment of the plaint seeking to convert the Money Suit into a Mortgage Suit and t..Category: Civil Law | Date: | Hits: 92
....ugned order passed by the Upazila Revenue Officer in the aforesaid ML Case was passed without any lawful authority and is of no legal effect.
Ed.
This Case is also Referred to: 48 DLR (1996) 25. ......L Case No.5 of 1984 (Annexure-F to the petition) should not be declared to have been given without lawful authority and is of no legal effect.
2. Respondent No.2 as the petitioner earlier filed an application on 3.9.84 under section 95A of the State Acquisition and Tenancy Act read with President..
Category: Property Law | Date: | Hits: 91
Aftab Uddin (Md.) Vs. Bangladesh, 1995, 24 CLC (HCD)
.... Majumder, the learned Advocates for the petitioner. The prayer for staying operation of the order be stated for one month from this date. Ed. This Case is also Referred to: 48 DLR (1996) 1. ......uty Attorney General Mir Hashmat Ullah, Assistant Attorney General and Faisal H Rahman, Advocate-For the respondent No.2. Writ Petition No.1778 of 1994. Judgment Naimuddin Ahmed J. - By this application under section 102 of the Constitution the promotion of three District Judges, one of who..Category: Employment/Service Law | Date: | Hits: 173
....nst the Government is maintainable whether it is filed by the ex-rent receivers directly or in the name of their co-operative Society.
Ed.
This Case is also Reported in: 35 DLR (AD) (1983) 98.
......ary injunction on 15-6-66. There after an interesting episode took place. Proforma defendant No.4 Basanta Kumar Swarnakar died on 29-11-72. As his son was not substituted as an heir, the son filed an application under Order 1, rule 10 of the Code of Civil Procedure to be added as a party to the suit..
Category: Procedural Law | Date: | Hits: 68
Bangladesh Vs. M/s. Mashrique TexÂtiles and others, 1982, 11 CLC (AD)
....at the agreement be filed in Court must, however, stand. The appeal is accordingly disposed of. There will be no order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 66. ......s, they or any of them instead of proceeding under Chapter II, may apply to a Court having jurisdiction in the matter to which the agreement relates, that the agreement be filed in Court. (2). The application shall be in writing and shall be numbered and registered as miscellaneous case between o..Category: Alternative Dispute Resolution | Date: | Hits: 147
Zebunnessa Vs. Commissioner of Income Tax North (Zone), Dacca, 1982, 11 CLC (AD)
....ated 19-7-76 and 31-7-76 contending therein that the Income Tax Officer having made the assessment with full knowledge of all the material facts and after due consideration thereof, in absence of any fresh material, there was no scope to attract the provision of section 34A. It was also contended th......, Advocate, instrucÂted by Md. Sajjadul Huq, Advocate-on-Record - For the Respondent. Civil Appeal No.60 of 1981 (From the Judgment and Order dated 48-1980 passed by the High Court Division in application No. 28 of 1978) Judgment Chowdhury ATM Masud J.- This appeal, by special leave, is..Category: Fiscal/Taxation Law | Date: | Hits: 88
Abdul Haque Miah and another Vs. Abdul Rashid & another, 1982, 11 CLC (AD)
.... Division confirming the order of the lower appellate court is set aside and that of the trial court is restored. No order as to costs. Ed. This Case is also Reported in: 35 DLR (AD) (1983) 54. ...... dated 25 July, 1975. The pre-emptor claimed that he is co-sharer by inheritance as well as by purchase in the tenancy in question, whereas the pre-emptees are strangers. The pre-emptees resisted the application for pre-emption contending that they are co-sharers by inheritance and as such the trans..Category: Property Law | Date: | Hits: 72
Abdur Rahman and others Vs. Sultan ® Sultan & others, 1982, 11 CLC (AD)
....any equitaÂble relief. In the result, therefore, this appeal is alloÂwed with costs. The order of the High Court Division is set aside. Ed. This Case is also Reported in: 35 DLR (1983) 51. ......ssioner. As no objection was filed against the said report of the pleader Commissioner the preliminary decree was made final on 6.6.1975. The trouble begins from here. The respondents on 14.8.1975 an application for review of the final decree dated 6.6.1975 under Order 47, rule with section 151 of t..Category: Procedural Law | Date: | Hits: 72
Bangladesh & another Vs. Md. Salimullah and others, 1981, 10 CLC (AD)
....ConstituÂtion, on the promulgation of the PresiÂdent's Proclamation, the Fundamental Rights disappeared from the field containing the consequence that laws existing on the Statute Book were given a fresh lease of life by the Laws (Continuance in Force) Order, 1958 in their original condition and t......e Supreme Court of Bangladesh was empoÂwered to exercise jurisdiction relating to matÂters as referred to therein. Its precise terms were as follows:- “102. (1) The High Court Divisions on the application of any person aggrieved, may give such directions or orders to any person or authority, ..Category: Constitutional Law | Date: | Hits: 181
Md. Wasiq Khan Vs. Md. Sabiq Khan and others, 1978, 7 CLC (AD)
.... with costs. The decisions of the courts below are set aside. The Miscellaneous case before the court below shall proceed as usual. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 51. ......al decrees ex parte in accordance with the Advocate Commissioner's report and making the said report part of the final decree. Being aggrieved by the ex parte final decree the appellant filed an application in the Court of the learned Subordinate Judge under OrÂder 9, rule 13 of the Code of C..Category: Procedural Law | Date: | Hits: 80
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