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Abdul Haque Vs. Monija Khatun and others, 2011, 40 CLC (HCD)
....r in accordance with law. Send down the lower Court records along with a copy of this judgment immediately to the Court concerned. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 528. ......l is liable to be dismissed. 7. In reply to the argument advanced by Mr. Mosharraf Hossain learned Advocate for the appellant, Mr. Abul Kalam Chowdhury submits that since the appellant was not a party to the settlement he has every right to prefer appeal against the judgment and decree passed b..Category: Alternative Dispute Resolution | Date: | Hits: 227
Shariful Bhuiyan and another Vs. State, 2009, 38 CLC (HCD)
....in 3 (three) months from the date of receipt of this order. Let a copy of the judgment be sent to the trial Court concerned at once. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 524.......te. Criminal Revision No.1414 of 2007. Judgment Siddiqur Rahman Miah J.- On an application under section 439 of the Code of Criminal Procedure, this Rule was issued calling upon the opposite party, state to show cause as to why order dated 28-8-2007 passed by the learned Additional Sessions..Category: Procedural Law | Date: | Hits: 129
Grameen Telecom Vs. Dr. Rowshan Alam and another, 2010, 39 CLC (HCD)
....rder the deposition of P.W.1 was recorded and arrived at a decision which appears to us as proper and correct. It is true that there was no elaboration in the impugned order with regard to the formal defect of the parties and also as to the reasons for withdrawal of the suit. It is the satisfactio......H Khan with Enayet Husain Khan and Md. Ziaul Hague, Advocates - For the Opposite-Party No.1. Civil Revision No.1932 of 2010. Judgment Abdul Awal J.- Rule was issued calling upon the opposite-party Nos. 1 and 2 to show cause as to why the impugned order dated 12-5-2010 passed by the learned ..Category: Procedural Law | Date: | Hits: 100
Manoo Meah Vs. Sultan Ahmed Khan, 1984, 13 CLC (HCD)
....out so as to attract the revisional jurisdiction of this Court. The Rule is accordingly discharged without any order as to costs. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 119.......an order dated 25.08.1981 passed by the Additional District Judge, 1st Court, Chittagong in Miscellaneous Appeal No.385 of 1978 dismissing the appeal on merits is under challenged. 2. The opposite party No.1 Sultan Ahmed Khan as plaintiff instituted Title Suit No.116 of 1974 on 13.09.1974 in th..Category: Procedural Law | Date: | Hits: 116
Mrs. Saleha Khatoon Vs. State, 1984, 13 CLC (HCD)
....ceed in accordance with law and concluded expeditiously. Send down the records at once. Abdul Matin Khan Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 109.......jected to by the defendants, on appeal it was dismissed and the petitioner accordingly has possessed peacefully her share she acquired through that partition decree. When that was the case opposite party No.2 being Mst. Halima Khatun, wife of petitioner's brother, filed a suit in the year 1980 in ..Category: Criminal Law | Date: | Hits: 117
Sonali Bank Vs. Bengal Liner Ltd. & others, 1986, 15 CLC (HCD)
.... Except the above, the prayer of the decree-holder is allowed and the application for rectification of the drawn up order is rejected. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 105.......the suit. The conduct of the judgment-debtor Nos.3-7 makes it clear enough that they empowered the judgment-debtor No.1 to enter an appearance on behalf of them all and that they all were very much a party to the proceedings. 9. In the facts and circumstances of the case, I am of the opinion that..Category: Admiralty Law or Maritime Law | Date: | Hits: 360
Pubali Bank Ltd. Vs. Chairman, 1st Labour Court, Dhaka & others, 1986, 15 CLC (HCD)
....to costs. However, we direct the Labour Court to dispose of the original cases expeditiously. Anwarul Hoque Chowdhury J. - I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 128.......four Rules have arisen out of four similar decisions made in four Industrial Relations Ordinance Cases (hereinafter referred to as I.R.O. Cases) by the 1st Labour Court, Dhaka, directing the opposite-party to stay the operation of the orders of transfer issued by them until disposal of the aforesaid..Category: Labour and Industrial Law | Date: | Hits: 147
Promode Ranjan Paul & others Vs. Government of Bangladesh & others, 1986, 15 CLC (HCD)
....order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ......order as to costs. The judgment and decree of the learned Subordinate Judge are set aside and those of the learned Munsif restored. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 132. ..Category: Property Law | Date: | Hits: 107
Siraj Mia (Md.) Vs. Nasima Akhter and another, 2002, 31 CLC (HCD)
....laintiff is directed to put in stamp duty and registration fee on the valuation of the suit land at Taka 1,68,000 shown in the plaint. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 554....... of balance consideration money. There is also nothing on record to prove payment of balance consideration money. 11. Though in certain cases even a single witness is enough to prove the case of a party but in the present case the above principle should not be applied, specially when P.W.1 is an ..Category: Property Law | Date: | Hits: 104
Bijoy Kumar Shaha Vs. DC, Chuadanga and others, 2002, 31 CLC (HCD)
....r the law to get all his legitimate dues all through as the Principal of the College. Send down the lower Courts records at once. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 550. ......oner of Chuadanga, who entered into an unholy conspiracy with others against the plaintiff and passed the impugned order of suspension illegally and arbitrarily and hence the suit. 4. The opposite party defendants contested the suit by filing joint written statements denying the material allegati..Category: Employment/Service Law | Date: | Hits: 194
Cyma Zarrar Vs. Arab Bangladesh Bank Limited and others, 2010, 39 CLC (HCD)
....t District Judge and Artha Rin Adalat No.3 in Miscellaneous Case No.9 of 2005 are hereby affirmed. There is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 514. ......roceeding of Miscellaneous Case No.9 of 2005. 4. In Civil Revision No.1919 of 2009 the facts leading to the issuance of the Rule in brief, are: In Civil Revision No.1919 of 2009, the opposite party as plaintiff filed Money Suit No.107 of 1995 for realization of loan money of Taka 6,77,7,398...Category: Procedural Law | Date: | Hits: 121
Lila Begum and others Vs. Faruque Meah and another, 2010, 39 CLC (HCD)
....tura Banu and the contesting defendant Nos. 1-25 claimed share in respect of 4 anna 7 gondas and 1 (one) kara saham in the suit land. In their written statement they stated that the suit suffers from defect of parties and all the properties have not been included in same hotchpotch. Asadullah did ne......in both the Revisions are hereby recalled and vacated. Send down the LC Record immediately. However, there is no order as to costs. Ed. This Case is also Reported in: 63 DLR (HCD) (2011) 507. ..Category: Property Law | Date: | Hits: 97
ABM Quabil Ahmed Vs. Secretary, Ministry of Health and another, 1991, 20 CLC (HCD)
....n within a reasonable time. The Rule is, accordingly, discharged with above observation. There shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 385.......uld not be invoked because it is a settled principle that where a statute imposes a duty of a positive kind, not avoidable by the performance of any formality, for the doing of the very act which the party suing seeks to do, it is not open to the opposite party to set up an estoppel to prevent it (R..Category: Others | Date: | Hits: 154
Dalilur Rahman and others Vs. State, 1991, 20 CLC (HCD)
....nted by this court be discharged from his bail bond. Let the Criminal Revision No.1020 (R)/91 be disposed of accordingly. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 379. ......nd attested by the local Chairman P.W.13 Moklesur Rahman nor did she mention about vital facts attempted to be proved in court during the trial. He further submitted that all the P.Ws. are admittedly party men of the prosecution and inimical to the accused persons and cannot be relied on. He submitt..Category: Criminal Law | Date: | Hits: 148
Hellenic Lines Ltd. Vs. People's Republic of Bangladesh, 1985, 14 CLC (HCD)
....smissed without any order as to costs. The judgment and decree passed by the trial Court are affirmed. Md. Abdul Jalil J.- I agree. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 93.......carrier". The damage if any took place either in the on-carrying ship or at the Chittagong Port premises for which appellant-defendant Nos.1 & 2 are not liable As defendant Nos.1 & 2 were not party to the insurance survey earned out by the Lloyd's surveyor they are not liable for the result ..Category: Business or Commercial Law | Date: | Hits: 463
Shahr Banoo Mohsin Asgar and another Vs. Lailun Nahar Ershad and others, 1991, 20 CLC (HCD)
.... do application on merit. There shall, however, be no order as to costs. Let a copy of this order be sent down expeditiously. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 552.......e of Baidynath Dubey Vs. Deonandan Singh, 1968 SCD 275 where the Supreme Court of India held that a court has inherent powers to recall orders obtained by practising fraud on it, at the instance of a party to the. proceedings and then is no question of the court being functus officio. 12. It i..Category: Procedural Law | Date: | Hits: 130
Deputy Commissioner (Revenue), Sylhet Vs. Sudhir Chandra, 1991, 20 CLC (HCD)
.... rejected. The order passed in Civil Order No.2454/90 on 20‑12‑90 in connection with this application stands vacated. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 549. ......ioner, Sylhet for reviewing the judgment and decree dated 7th and 8th March, 1989 passed by this Court in Sylhet High Court Division in Civil Revision No.3 of 1988. 2. The respondent‑opposite party as plaintiff through his attorney, one Shafiqui Haque Chowdhury, instituted Title Suit No.20..Category: Property Law | Date: | Hits: 157
....ction given above the learned Assistant Judge, Naria, shall report compliance to the Registrar, Supreme Court of Bangladesh, Dhaka.
Ed.
This Case is also Reported in: 44 DLR (HCD) (1992) 545.......t of the decree. The mode of enforcement of decree for permanent injunction has been incorporated under Order 21 rule 32 of the Code of Civil Procedure which runs as follows:
"32. (1) Where the party against whom a decree for the specific performance of a contract, or for restitution of conjug..
Category: Property Law | Date: | Hits: 123
Padmabati Biswas Vs. Banglasdesh and others, 1992, 21 CLC (HCD)
....ight bighas out of the land which reformed in situ under a registered Kabuliyat dated 27.6.47 and there was further accretion to the land which also he possessed. Defendant Nos.31‑37 after alleging defect in the form of the reference, incorrectness of the map prepared by the Collector and non‑se......on contest against respondent No.1 and ex parte against the rest. Considering the circumstances there shall be no order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 465. ..Category: Property Law | Date: | Hits: 118
Jagendra Lal Poddar Vs. Naresh Chandra Poddar and others, 1985, 14 CLC (HCD)
....r interference. Accordingly, the appeal is dismissed but having regard to the circumstances of the case I make no order as to cost. Ed. This Case is also Reported in: 39 DLR (HCD) (1987) 54. ......that the family possessed some joint property which from its nature and relative value may have formed the nucleus from which the property in question may have been acquired, the burden shifts to the party alleging self acquisition to establish affirmatively that the property was acquired without ..Category: Property Law | Date: | Hits: 111
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