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.... The judgment and the decree passed by the trial Court are upheld.
There shall be no order as to costs.
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......-6-79 and 2-8-79, he is not entitled to the relief sought for in his suit for declaration of title.
21. Section 31 of the Specific Relief Act deals with the rectification of instruments.
22. In order to obtain rectification under section 31 it must be proved that it was though a mutual mistake......
Let the LCR be sent down.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 134.......rted in: 50 DLR (HCD) (1998) 134...
Category: Property Law | Date: | Hits: 56
Nirman International Ltd. Vs. Islam Steel Mills Ltd. and others, 1997, 26 CLC (HCD)
.... learned brother has already discussed and observed very clearly the legal aspect on this point in view of case laws cited before us. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 125. ......dvocates - For the Respondent No.1. Md. Asadullah, Advocate - For the Respondent No.9. First Miscellaneous Appeal No.15 of 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge,...... and others……………………Respondents Judgment February 5, 1997. Result: The appeal succeeds. Cases Referred to- Shamsul Huda Vs. Mozammel Huq and others, 27 DLR 256; Unimarine SA Panama Vs. Bangladesh 31 DLR (AD) 112; Md. Insan Ali Vs. Mir Abdus Salam, 1988 BCR (AD) 125; ......f 1996. Judgment AM Mahmudur Rahman J.- This Appeal is against the order of attachment before judgment dated November 27, 1995 passed by the learned Subordinate Judge, 2nd Court, Chittagong in Money Suit No.44 of 1995. 2. For disposal of this appeal, in short, the relevant facts are that th..Category: Procedural Law | Date: | Hits: 118
Nurul Islam and others Vs. Khatibuddin Ahmed and others, 2004, 33 CLC (HCD)
....accordance with law on the evidence adduced by the parties, if any. Send down the copy of this judgment and order to Courts below at once. Ed. This Case is also Reported in: 56 DLR (2004) 545.......Rule has been issued at the instance of the defendant‑petitioners on an application under section 115(1) of the Code of Civil Procedure calling upon the opposite parties to show cause as to why the order dated 20‑10‑03 passed by the learned Additional District Judge, 2nd Court, Dinajpur in Mis......45.......orted in: 56 DLR (2004) 545...Category: Civil Law | Date: | Hits: 74
Naogaon Rice Mills Ltd. Vs. Pubali Batik Ltd., 2002, 31 CLC (HCD)
....he learned Artha Rin Adalat and the learned Cognizance Court and Magistrate, 1st Class, Naogaon for their information and necessary action. Ed. This Case is also Reported in: 56 DLR (2004) 543. ......oner. No one ‑ For the Opposite Party. Civil Revision No. 1757 of 2001 Judgment Gour Gopal Saha J. - This Rule is directed Subordinate Judge rightly found that the plaintiff against the order dated 10‑1‑2001 passed in had done works beyond the tender, which the Miscellaneous Case N......oner Vs. Pubali Batik Ltd ....................Opposite Party Judgment November 18, 2002. Result: The Rule is discharged. Lawyers Involved: Md. Khaled Ahmed with Md. Foruk Hossain, Advocates ‑ For the Petitioner. No one ‑ For the Opposite Party. Civil Revision No. 17......DLR (2004) 543. ..Category: Criminal Law | Date: | Hits: 82
AKM Shahidul Hoque Vs. Deputy Commissioner and others, 2003, 32 CLC (HCD)
....l get a decree for 2,43,505 + 3,66,225.81 = Taka 6,09,730.81 with interest at the rate of 10% from the date of the decree till realisation. Ed. This Case is also Reported in: 56 DLR (2004) 538. ......tiff submitted tender at 4.95% above the estimated cost. The tender committee ultimately, accepted the tender of the plaintiff at 3% above the estimated cost and said defendant No. 16 issued the work order by his memo dated 15‑10‑88. In the work order, the plaintiff was asked to complete the wor......1973) 1 SCC 639. Lawyers Involved: Md. Abdus Samad Miah with Sontash Kumar Sarker, Advocates ‑ For the Appellant. Humayun Kabir Khadem, Advocate ‑ For the Respondents. Appeal from Original Decree No. 239 of 1995. Judgment Md Abdur Rashid J. - The plaintiff presented the above ......t High Court Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J S Rahman Miah J AKM Shahidul Hoque ...............................Appellant Vs. Deputy Commissioner and others ....................Respondents Judgment August 3, 2003. Result: The app..Category: Civil Law | Date: | Hits: 99
....er of stay granted earlier by this Court stands vacated. Let a copy of the judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......l in the facts and circumstances of the case with regard to maintainability of the suit is plainly misconceived inasmuch as in this case the plaintiffs having not challenged the so-called requisition order of the then Pakistan Government. He adds that in the cited decisions namely the decisions repo......ourts record be sent down at once.
Ed.
This Case is also Reported in: 16 MLR (HCD) (2011) 49.......ed in: 16 MLR (HCD) (2011) 49...
Category: Property Law | Date: | Hits: 64
Md. Mosharaf Hossain Sukani Vs. State and another, 2009, 38 CLC (HCD)
....d for. Hence the Rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......ge of investigation on 08.09.2004. 7. The informant again filed an application before the Court of the Chief Metropolitan Magistrate for investigation of the case by RAB and the learned Court vide order dated 06.10.2005 allowed the said application and withdrew the investigation from CID and dire...... the Rule is discharged. Order of stay stands vacated. Send down the LCR at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 35. ......(HCD) (2011) 35. ..Category: Criminal Law | Date: | Hits: 76
Mollah Shabidul Islam Vs. Md. Monsur Rahman and others, 2005, 34 CLC (HCD)
....he application under Order XXI, rules 90 and 91 of the petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ...... Md. Nazrul Islam, Advocate—For Respondent No.2. MB Taj Mohammad, Advocate—For Respondent No.1. Writ Petition No. 5439 of 2003. Judgment Md. Awlad Ali J.- This Rule arises out of an order dated 5‑8‑03 passed by the Judge of the Artha Rin Adalat Khulna in Miscellaneous Case No....... petitioner in accordance with law and with utmost expedition. No order as to cost. Ed. This Case is also Reported in: 57 DLR (2005) 164. ......upreme Court High Court Division (Special Original Jurisdiction) Present: Md. Awlad Ali J Md. Emdadul Huq J Mollah Shabidul Islam…………………………………….....Petitioner Vs. Md. Monsur Rahman and others.......................Respondents Judgment January..Category: Civil Law | Date: | Hits: 61
Adilur Rahman Khan Vs. Bangladesh, 2008, 37 CLC (HCD)
....impugned “স্বপ্রনোদিত তথ্য প্রকাশ অধ্যাদেশ, ২০০৮” (Voluntary Disclosure of Information Ordinance, 2008) (Ordinance No.27 of 2008) published in the Bangladesh Gazette, extra ordinary issue, on June, 08, 2008 (Annexure-A) and the am......January, 1972. The High Court of Bangladesh Order 1972 (P.O. 5 of 1972) by which under Article 4 High Court declared to be a Court of record and defined its jurisdiction. By P.O. 91 of 1972 the above order was amended and a new Article 6A was inserted by which it was provided that there shall be an ......to the members of the bar who have actively assisted us. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 3; 16 BLC (HCD) (2011) 100. ...... Mir Hashmat Ali J Shamim Hasnain J Adilur Rahman Khan, son of Dr. Ashequr Rahman Khan, House No.35 (Ground Floor), Road No.117, Gulshan, Dhaka-1212 and others………………….Petitioners Vs. Bangladesh, Represented by the Secretary, President Secretariat, Bangabhaban, P.S.-M..Category: Constitutional Law | Date: | Hits: 264
Babul Vs. State, 2002, 31 CLC (HCD)
....and he is acquitted of the same and set at liberty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ...... there must be mens rea or guilty knowledge. Existence of mens rea or guilty knowledge is the sine quan non for offence for possessing weapon of crime. 35. It can, thus, hardly be disputed that in order to award and sustain conviction for offence under sections 19(f) and 19(a) of the Act possessi......erty at once if not wanted in any other case. Lower Court's Records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 158. ......1995 Informant PW 1 Sub-Inspector of Police Sunil Kumar Sen and Constables PWs 3, 4 and 5 proceeded towards the house of Ahad Ali, father of convict-appellant. Convict-appellant disclosed that he had one country made one barrel gun, 11 live cartridges and two Ramdaos and one Dao and brought out weap..Category: Criminal Law | Date: | Hits: 84
Abdul Quddus Vs. Syed Moinul Ahsan Sajjad, 2010, 39 CLC (HCD)
....ipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 MLR (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ......vocate − For the petitioner. Mr. Yusuf HossainHumayun, Advocate, with Mr. Md. Matiar Rahman, Advocate − For the oppositeparty. Civil Revision No. 3056 of 2009. (Against the judgment and order dated 16.8.2009 passed by the Additional District Judge, 1st Court, Dhaka in Miscellaneous App......0) 321, 16 BLC (HCD) (2011) 166. ...... (HCD) (2011) 1, 15 BLC (HCD) (2010) 321, 16 BLC (HCD) (2011) 166. ..Category: Family Law | Date: | Hits: 171
....d and order of stay granted therein is recalled and vacated.
Parties are directed to bear their own cost. Send down the records at once.
Ed.
This Case is also Reported in: 56 DLR (2004) 530.
......p was though beached at the 'Bhatiari' yard at Chittagong of the plaintiffs but was in overall control and management of the bank. The bank used to supply the scraps on the basis of issue of delivery order (DO). The weightage of the ship was 7880 metric ton but the bank gave them 3500 MT of scraps o......
High Court Division
(Civil Appellate Jurisdiction)
Present:
Md. Abdur Rashid J
Syed ABM Huq J
Eastern Bank Ltd. and another........................Appellants
Vs.
Sufia Re‑Rolling Mills and Steel Ltd. and others ...............Respondents
Judgment
August 31, 2004.
Re......Venkataratnama Vs. Krishnama, AIR 1921 Mad 22 (FB); Ch Sir Muhammad Zaffarullah Khan and others Vs. Custodian of Evacuee Property and others, 17 DLR (SC) 126; Abdul Gafur Vs. Chief Settlement Commissioner and another, [1985] XVIII SCMR 464; Chairman, BTMC Vs. Nasir Ahmed, 7 BLC (AD) 144; Konda Laksh..
Category: Civil Law | Date: | Hits: 92
Abdullah (Md) and others Vs. Majibul Huq and others, 2003, 32 CLC (HCD)
....No. 14 dated 30‑5‑2001 be set aside and the application dated 20‑5‑2001 be allowed. However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......ab, Advocate ‑ For the Petitioners. No one ‑ For the Opposite Parties. Civil Revision No. 3970 of 2001. Judgment M Hussain Haider J. - In this Rule the plaintiff petitioner challenged order No. 14 dated 30‑5‑2001 passed by the learned Assistant Judge, Sonagazi, Feni in Title Suit......However, there will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 528. ......so Reported in: 56 DLR (2004) 528. ..Category: Civil Law | Date: | Hits: 75
.... without any order as to cost. Stay order granted earlier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......avit-in-opposition of the Respondent Nos.1 and 2.
6. Bangladesh, represented by the Secretary to the Ministry of Finance and Internal Resources Division, who was added as the respondent No.3 by an order of this Court dated 21-10-97, also by filing an affidavit-in-opposition challenged the petitio......ier in respect of realisation of the disputed portion of VAT is hereby vacated.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 115.
......eported in: 50 DLR (HCD) (1998) 115.
..
Category: Fiscal/Taxation Law | Date: | Hits: 138
Debesh Chandra Bhattacharya and others Vs. Government of Bangladesh and others, 2004, 33 CLC (HCD)
....h the observation that this judgment will have no bearing on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......adesh was issued calling upon the respondents to show cause as to why the respondents should not be directed to mutate the name of the petitioners in the records of right pursuant to the judgment and order dated 26‑7‑1995 passed by the High Court Division in Civil Revision No. 2819 of 1994 which......ng on the fate of the Partition Suit/Appeal . There will be no order as to costs. Ed. This Case is also Reported in: 56 DLR (2004) 525. ......d in: 56 DLR (2004) 525. ..Category: Property Law | Date: | Hits: 67
Animal Protection Society Chittagong Vs. Laxman Chadra Das & others, 2003, 32 CLC (HCD)
....he deposit account of the Public Account of the Republic as provided under section 10(2) of the Ordinance. Send down the record at once. Ed. This Case is also Reported in: 56 DLR (2004) 522. ......eclaration is that the plaintiff alone has got the right to receive the compensation as awarded in LA Case No. 26 of 1998‑99. It has not prayed for any relief whatsoever against any action taken or order made in the acquisition proceeding. 9. The declaration was sought for on, amongst other ave......................Respondents Judgment October 22, 2003. Result: The appeal is allowed. Lawyers Involved: Subrata Chowdhury, Advocate ‑ For the Appellant. Mahbubay Alam with AM Aminuddin and Samarendra Nath Biswas, Advocates ‑ For Respondent No. 1. Firojur Rohman, Assistant......of 2000, which rejected the plaint. 2. On 8‑6‑2000 the plaintiff instituted the suit for declaration of title in the suit land and also for further declaration that the plaintiff society was alone entitled to receive the compensation as awarded in LA Case No. 26 of 1998‑99. 3. On or abou..Category: Property Law | Date: | Hits: 61
Abdul Gafur alias Kana Mia and others Vs. Md Nurul Islam, 2004, 33 CLC (HCD)
....ed Magistrate would be at liberty to consider the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......nder sections 464/465/467/468/469/471/109 of the Penal Code for forging the document dated 13‑3‑1997 (i.e. agreement) by false personation. Upon receipt of the complaint the learned Magistrate by order dated 21‑11‑1999 sent the complaint to the District Anti‑Corruption Officer (DACO), Habi......the bail of the accused-petitioner. Communicate this order to the Court concerned at once. Ed. This Case is also Reported in: 56 DLR (2004) 519. ......ourt High Court Division (Criminal Appellate Jurisdiction) Present: Md. Ali Asgar Khan J Md. Ashfaqul Islam J Abdul Gafur alias Kana Mia and others ....................Accused Petitioners Vs. Md Nurul Islam .......................Opposite Parties Judgment March 1, 2004...Category: Criminal Law | Date: | Hits: 94
IFIC Bank Ltd. and others Vs. Beximco Holdings Ltd. and others, 2004, 33 CLC (HCD)
....118,46,37,087.31 save paltry amount and defaulted in the payment of the balance in spite of repeated demands. They were therefore, not entitled to any injunction for preventing their names from being published in CIB report. 11. Lastly, he submitted that the suit as framed was not maintainable an......cates—For the Respondents. First Miscellaneous Appeal No.304 of 2004 with Civil Rule No. 645(FM) of 2004. Judgment Md. Abdur Rashid J.- Defendants presented the appeal against an order dated 27‑10‑2004 passed by Joint District Judge, Court No.5 in Dhaka in Title Suit No.191 ......t Division (Civil Appellate Jurisdiction) Present: Md. Abdur Rashid J Md. Ataur Rahman Khan J IFIC Bank Ltd. and others.................................Appellants Vs. Beximco Holdings Ltd. and others ...................Respondents Judgment November 8, 2004. Results: ......ur others as plaintiffs instituted the suit against the International Finance Investment and Commerce Bank Ltd., in short, the IFIC Bank, and others for a decree of several declarations including the ones that no amount was due from the plaintiffs to the defendants under the schedule 112 accounts an..Category: Civil Law | Date: | Hits: 71
Abdur Rashid Chowdhury Vs. CA Hamid and Co. Ltd. and others, 2005, 34 CLC (HCD)
....he register of members of the company. Respondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......oner and approval of transfers of the shares by such reconstituted board could be considered in disposing of the application for rectification of share register under section 43 of the Act. 29. In order to appreciate the conflicting submissions of the learned Advocates on the issue, I must first ......ondent No.2, Registrar, is directed to rectify the share register of the company, accordingly. Ed. This Case is also Reported in: 57 DLR (2005) 148. ......lso Reported in: 57 DLR (2005) 148. ..Category: Company Law | Date: | Hits: 232
Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd. Vs. State, 2004, 33 CLC (HCD)
.... is hereby quashed. The petitioner is discharged from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......n under section 241A Cr.P.C. for discharge on the ground that the first information report, police report and the documents submitted therewith did not disclose any offence. The learned Magistrate by order dated 28‑9‑03 rejected the said application and framed charge against the petitioner under......ed from the bail bond. The order of stay granted earlier by this court is hereby vacated. Ed. This Case is also Reported in: 57 DLR (2005) 145. ......me Court High Court Division (Criminal Revisional Jurisdiction) Present: SK Sinha J Md. Abu Tariq J Rafiqul Alam (Md.) MD Dhaka Mercantile Co‑operative Bank Ltd..............Petitioner Vs. State…………………………….Respondent Judgment July 6, 2004. Law..Category: Criminal Law | Date: | Hits: 89
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