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Sunil Chandra Mondal and others Vs. Narayan Chandra Shil & others, 1996, 25 CLC (AD)
....e plaint could not be allowed at that stage of the proceeding when the appellate Court had remitted the matter to the trial Court only for passing a decree in terms of the solenama already filed or a fresh solenama to be filed by the parties. The plaintiffs could not be permitted to open the new iss......ĻāĻžāĻāĻŋāĻ˛ āĻāĻ°āĻŋāĻ¤ā§ āĻĒāĻžāĻ°ā§āĻ¨āĨ¤â 3. After the suit came back on remand to the trial Court following the aforesaid order, the plaintiff after taking several adjournments filed an application on 12-8-90 under Order VI rule 17 read with section 151 of the Code of Civil Procedure f..Category: Procedural Law | Date: | Hits: 149
Shahida Khatun Vs. Abdul Malek Howlader and others, 1998, 27 CLC (AD)
....High Court Division rightly did not encourage a transfer on a mere apprehension. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 147. ......l Revision No. 1219 of 1998). Judgment Mustafa Kamal J.- The plaintiff-petitioner’s application under section 24(1)(b)(i) of the Code of Civil Procedure, Civil Order No. 1219 of 1998,..Category: Property Law | Date: | Hits: 71
Shahidullah (Md) Vs. Abdus Sobhan Talukder and others, 1996, 25 CLC (AD)
....ing arrived at a correct finding as to the position of law we find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 146. ...... that the suit land belonged to Haji Faser Ali Waqf Estate and the plaintiffs are the owners of the suit land by settlement, purchase, transfer etc. after auction sale. One of the defendants filed an application under Order VII rule 11 C.P.C. for rejection of the plaint which the learned Subordinate..Category: Property Law | Date: | Hits: 91
Akhtar Masood Vs. Mrs. Bilkis Jahan Ferdous, 1998, 27 CLC (AD)
.... access to his son during pendency of the suit. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 145. ...... leave to appeal by the plaintiff-petitioner is from the judgment and order of a learned Single Bench of the High Court Division dated 20-5-96 rejecting summarily the petitioner’s revisional application Civil Order No. 1900 of 1996. 2. The plaintiff filed Cas..Category: Family Law | Date: | Hits: 156
Ali Akbar (Md) Vs. Government of Bangladesh and others, 1996, 25 CLC (AD)
....ioner was not entitled to retain its possession. The petition is therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 143; 1 MLR (AD) 1996, 379. ......o. 3 the Upazila Nirbahi Officer Baniachang claimed the said fishery as Government fishery and leased it out to one Rajendra Kumar for 3 years from 1396 to 1398 BS The petitioner thereupon filed an application before respondent No. 2 the Additional Deputy Commissioner (Revenue), Habiganj for can..Category: Property Law | Date: | Hits: 90
Ranu Begum and another Vs. Kazi Liakat Ali and others, 1997, 26 CLC (AD)
....cate that the said discretion was properly exercised by him. This petition is, therefore, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 142. ...... have it declared that stamp paper purporting to be a receipt given by them for a sum of Taka 10,00,000 was forged fraudulent and not binding on them. After the institution of the suit they made an application for temporary injunction restraining defendant Nos. 1 and 2 from taking any step to rea..Category: Procedural Law | Date: | Hits: 109
Frank Shipping Limited Vs. Government of the Peopleâs Republic of Bangladesh, 1997, 26 CLC (AD)
....subjugated to the private interest of the writ petitioner. No such case has been made out anywhere. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 140. ......y the writ petitioner is from an interlocutory order dated 4-8-97 passed by a Division Bench of the High Court Division vacating the order of stay dated 14-7-97 when the Rule Nisi was issued, upon an application by the Government-respondents. 2. A tender was floated by respondent No. 3 for di..Category: Others | Date: | Hits: 113
....erit of reminding an old wisdom of joining even unfriendly hands for protecting a common inheritance.
The petition is dismissed.
Ed.
This Case is also Reported in: 50 DLR (AD) (1998) 138.......owing the operation of the Bank accounts of the company maintained with the defendant No.1 Bank at BCCI Bhaban, 30-3 1, Dilkusha Commercial Area, Dhaka or elsewhere.
3. The plaintiffs by another application prayed for temporary injunction in the above terms and upon notice, the defendants put i..
Category: Business or Commercial Law | Date: | Hits: 121
Commissioner of Customs, Chittagong Vs. Giasuddin Chowdhury and another, 1998, 27 CLC (AD)
....pon furnishing a proper bank guarantee for the balance as already assessed by the Customs Authority on the respondent. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 129. ......f jurisdiction or patent malafide without requirement of further proof. Interim orders may also be made in furtherance of public interest when gross violation of law is apparent on the face of the application, where grave injustices are perpetrated or are about to be perpetrated, where denial of..Category: Criminal Law | Date: | Hits: 119
Altaf Hossain Vs. State, 1997, 26 CLC (AD)
....nd order are set aside. Let the appellant be released forthwith if not wanted in any other case. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 120. ......n axe on the left arm pit of the deceased, in the judgment it has been repeatedly mentioned that the appellant had inflicted the axe blow on the left thigh of Hyder Ali. This carelessness shows non-application of mind to and lack of appreciation of the evidence on record. 13. Then ..Category: Criminal Law | Date: | Hits: 104
Atiqullah (Md) Vs. Sanawara Begum and others, 1998, 27 CLC (AD)
....ance in the contention of the learned Counsel for the petitioner. The petition is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 112. ......p; Bimalendu Bikash Roy Choudhury J.- This petition for leave to appeal is from an order dated 7 March 1996 of a Single Judge of the High Court Division summarily rejecting a revisional application preferred by the petitioner under section 25 of the Small Cause Courts Act for setting ..Category: Property Law | Date: | Hits: 69
Subash Chandra Das & ors Vs. Bangladesh, 1994, 23 CLC (AD)
....in that behalf to determine as to whether the proceeding stood abated under section 12. For the reasons, the petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 106.......nt December 5, 1994. The Acquisition and Requisition of Immovable Property Ordinance, 1982 (II of 1982), Section 12 Payment of compensation was stalled due to raising of objection on an application before the joint Secretary prior to the date of appearance before the Deputy Commissione..Category: Property Law | Date: | Hits: 89
Jalaluddin (Md) and others Vs. Laily Begum and others, 1998, 27 CLC (AD)
....in refusing to set aside the ex-parte decree. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 163, 50 DLR (AD) (1998) 105. ......arte decree passed in OS Suit No. 77 of 1984 for partition. 2. OS Suit No. 77 of 1984 was decreed ex parte in preliminary form on 26-9-89. Thereafter the present petitioners filed an application under Order 9 rule 13 of the Code of Civil Procedure on the main allegation that Jaripu..Category: Property Law | Date: | Hits: 74
Shahabuddin (Md) & others Vs. Habibur Rahman and others, 1996, 25 CLC (AD)
....he reliefs prayed in the suit, the plaint cannot be rejected as prayed for. This petition is, accordingly, dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 99. ......the cause of action having arisen on and from 6-7-1986 there was no scope to say that the suit was barred by limitation. 5. Being aggrieved the defendant-petitioners preferred a revisional application before the High Court Division and a Division Bench by the impugned order summarily re..Category: Property Law | Date: | Hits: 52
Fatema Bibi Vs. Sree Manik. Lal Somaddar & others, 1995, 24 CLC (AD)
....ity of the application for pre-emption the same calls for no interference. These petitions are dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 97. .......185. In both khatians plot No. 991 is a common plot, but pre-emptor being not a co-sharer in SA Khatian No. 185 it was rightly held by the learned Single Judge of the High Court Division that the application was not maintainable. The land in question being non-agricultural in nature application..Category: Property Law | Date: | Hits: 51
Universal Pharmaceutical Ltd. and another Vs. Social Marketing Company, 1997, 26 CLC (AD)
....ts copyright. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 92. ......8 of 1994 against the plaintiff-respondent in the 1st Court of Subordinate Judge, Pabna on declaration that “ORALSALINE” or “ORSALINE” are not similar and identical. On the application of the petitioners as plaintiffs, an order was passed by the learned Subordinate Judge,..Category: Intellectual Property Law | Date: | Hits: 242
Syed Hedayet Ali Vs. Chief Election Commissioner and others, 1994, 23 CLC (AD)
...., without good cause shown, fail to take oath on that date. 5. There is no substance in the petition. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 89. ......barred. No oath of office could be administered on 20-7-92. The petitionerâs prayer for injunction in the said title suit being rejected on 5-8-92 the elected members of the Union Parishad filed an application to respondent No.4 for administering oath to them. Thereafter on 17-8-92 respondent No.4..Category: Election Law | Date: | Hits: 110
Shahajadpur Central Co-operative Bank Ltd. Vs. Majibur Rahman and others, 1997, 26 CLC (AD)
....laintiffâs application for amendment of the plaint is allowed. The trial Court shall proceed with the suit in accordance with law. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 86. ...... their title to the Suit land and also for declaration that the order dated 12-12-83 passed by defendant No.3 is void, illegal and not binding upon them. 4. On 7-3-90 the plaintiff bank filed an application seeking amendment of the plaint by way of adding a prayer for recovery of khas possessio..Category: Property Law | Date: | Hits: 83
Advocate Md. Abdul Hamid Vs. Md. Fazlur Rahman, 1998, 27 CLC (AD)
....reason to differ from the said view. For all these reasons we find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 80. ......s. 3. The said election petition has been registered as Divisional Election Tribunal Case No. 2 of 1997 and it is pending for disposal before the Divisional Election Tribunal, Dhaka. 4. By an application dated 4 August 1997 the petitioner raised certain preliminary objections to the maintain..Category: Election Law | Date: | Hits: 168
Moon Garments Industries and others Vs. Janata Bank, 1997, 26 CLC (AD)
....inding of the High Court Division that the writ petition was misconceived. And so is this petition which is accordingly dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 72. ......4.99 in the Court of Subordinate Judge and Artha Rin Adalat No.1 Dhaka. The petitioners filed written statement on 21-3-96 and shortly before the date of final hearing (22-4-97) defendant No.4 filled application on 11-3-1997 for leave to deliver interrogatories under Order XI rule 1 read with sectio..Category: Civil Law | Date: | Hits: 137
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