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Uttara Bank Ltd. Vs. Syed Abidur Reza and others, 2004, 33 CLC (HCD)
....ed. Order of stay granted at the time of issue of the Rule on 14‑7‑88 is hereby recalled and vacated. Send down the records at once. Ed. This Case is also Reported in: 56 DLR (2004) 461. ...... to? 11. The plaintiff in support of his case examined him. The defendants also examined one witness. Papers and documents adduced by plaintiff were marked as exhibit‑1 to exhibit‑10 while one power of attorney dated 6‑10‑86 and another memo dated 10‑3‑79 adduced by the defendants wer.....................................Petitioner Vs. Syed Abidur Reza and others………………Opposite Parties Judgment July 31, 2004. Result: The Rule is discharged. Cases Referred to- BSIC Corporation Vs. Mahbub Hossain, 29 DLR (SC) 41; New Dacca Industries Ltd Vs. Quamrul Hud......ed to be assigned for termination and dismissed the writs. 37. In Managing Director, Rupali Bank Vs. Tafazzal Hossain, 44 DLR (AD) 260 a suit by a cashier of the bank against termination leave was granted on the question of coram non judice. The suit was decreed. The Appellate Division however, s..Category: Employment/Service Law | Date: | Hits: 174
....nce in this connection may be made to the case of Haji Md. Elias Vs. Mrs. Suraya Rahman reported in 1981 BCR 47. Further it may be mentioned here that specific performance of contract is an equitable discretionary relief. An injunction is also a discretionary relief. In the instant case whether the ......urt, however, is directed to dispose of the concerned suit expeditiously.
Communicate this order to the concerned Court immediately.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 749.......Electrical Industries Limited and another…………………Petitioner
Vs.
Sena Kalyan Sangstha and others……………Opposite Parties
Judgment
November 18, 1992.
Cases Referred to-
SK Ghandy Vs. LP Pugh, AIR 1924 (Cal) 598; VN Bhajekar Vs. KH Shinkar and ors, AIR 1934 (Bom......on 13.9.92 under Order 39 rules 1 and 2 of the Code of Civil Procedure for temporary injunction and on the said application a show cause notice was issued on the defendant but the trial Court did not grant any ad interim order. Thereafter on 15.9.92 an application was filed under section 151 of the ..
Category: Company Law | Date: | Hits: 181
Madina Vegetable and Oil Refinery Industries (Private) Limited Vs. M T Dolores, 1993, 22 CLC (HCD)
....sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ...... Sea" (12th Ed) Para 1040. "The shipowner must generally see that the goods are delivered to the person to whom he has contracted to deliver them. That is to say as a rule to the person named as empowered by the bill of lading to make an order or assignment of it." and the case of Stettin (188......ery Industries (Private) Limited…………………Plaintiff Vs. M T Dolores………………Defendants Judgment August 8, 1993. Result: The plaint is returned. Cases Referred to- Stettin (1886‑1900), ASP RMC Vol. 6, 395; Sze Hai Tong Bank Ltd Vs. Rambler Cycle Co. Limit......sistance rendered to me by the learned Counsels in deciding the case. In the facts and circumstances of the case I award no costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 740. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 383
Raquibuddin Ahmed Vs. Syndicate, Dhaka University and others, 2004, 33 CLC (HCD)
....ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63.......lul Haque Muslim Hall (3) The Dacca Hall (4) The Jagannath Hall (5) The Iqbal Hall and (6) The Women's Hall. Soon after the liberation of Bangladesh the Syndicate of the University in exercise of its power under section 31(2) of the said Ordinance, 1961 amended clause 8(2) of the First Statutes by t......………………….Petitioner Vs. Syndicate, Dhaka University and others…………….Respondents Judgment March 22, 2004. Result: The Rule is made absolute. Cases Referred to- Kazi Moklesur Rahman, 26 DLR (AD) 44; AIR 1998 SC 602 and 2 AER (CA) 68, Dr. Mohiuddin Faruqu......ullah Hall as Salimullah Muslim Hall by amending clause 18(2) of the First Statutes to the Schedule of Dhaka University Order, 1973 forthwith. Ed. This Case is also Reported in: 57 DLR (2005) 63...Category: Civil Law | Date: | Hits: 63
KM Akhtaruzzaman Vs. Agrani Bank and others, 2003, 32 CLC (HCD)
.... down the records at once. The money deposited by the appellant for filing appeal in the Bankruptcy Court be refunded to the defendant No.3. Ed. This Case is also Reported in: 57 DLR (2005) 57. ...... unless the word debtor is defined then its ordinary dictionary meaning should be taken and the ordinary meaning of the word debtor is a person who owes money to another. Section 10 has not given the power to the Court to adjudicate any other person other than debtor as bankrupt. The word guarantor ......he Court of Bankruptcy Court and Additional District Judge, Dhaka. 3. The case of the plaintiff‑respondent Bank, in short, is that the Agrani Bank, Gulshan Branch, Granted a loan of Taka 28,6000 to the respondent Nos.2 and 3 and the appellant stood guarantor for the loan. Both the borrowers and......the memo of appeal and the impugned judgment and order. The learned Advocate appearing for the appellant submits that the word 'debtor having not been defined in the Bankruptcy Act, 1997 to include a grantor, the suit against the defendant No.3 appellant is misconceived and should have been dismis..Category: Civil Law | Date: | Hits: 83
Nur Kader (Md.) Vs. Commissioner of Customs & others, 2004, 33 CLC (HCD)
....nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ......' as given in section 2 of the Imports and Exports (Control) Act, 1950 submits that since before the submission of the bill of entry the government put an embargo by a notification in exercise of the power given to it by the said Act prohibiting the import of the goods in question for commercial pur...... Court High Court Division (Special Original Jurisdiction) Present: MA Wahhab Miah J Zinat Ara J Nur Kader (Md.)..............................Petitioner Vs. Commissioner of Customs & others.................Respondents Judgment March 22, 2004. Result: The Rule......nt in question on assessment of the customs duties and other charges at the rate prevalent on the date of presentation of the bill of entry. Ed. This Case is also Reported in: 57 DLR (2005) 53. ..Category: Fiscal/Taxation Law | Date: | Hits: 111
Shahid Ali (Md.) and others Vs. Reza Mohammad & others, 2003, 32 CLC (HCD)
....y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......y. Communicate the order to the courts below at once. Also send down the lower Court's records with a copy of this judgment expeditiously. Ed. This Case is also Reported in: 57 DLR (2005) 39. ......Ali (Md.) and others...............Petitioners Vs. Reza Mohammad & others.............Opposite Parties Judgment May 5, 2003. Result: The Rule is made absolute. Cases Referred to- Abdul Baten Vs. Abdul Latif Sheikh and others, 45 DLR (AD) 26; Idris Miah (Md.) Vs. Promode R......eree co-sharer and did not take any step required under sub‑section (4) of section 96 of the State Acquisition and Tenancy Act to join in the appellants application for pre‑emption. She cannot be granted the half of the case land in the name of even handed justice on the ground that both the pre..Category: Property Law | Date: | Hits: 79
One Bank Limited and others Vs. Chaya Developer (Pvt.) Limited and others, 2011, 40 CLC (AD)
....hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963.......hereafter, the respondents are directed to file the concise statement within 1 (one) week to make the appeal ready for expeditious hearing. Ed. This Case is also Reported in: VIII ADC (2011) 963....... 620 of 2011). Not represented-For Respondent Nos.2-4 (In Civil Petition No. 620 of 2011). Not represented-For the respondents (In Civil Petition No. 1428 of 2011). Civil Petition for Leave to Appeal Nos. 620 & 1428 of 2011. (From the judgment and order dated 19th January, 2011 pas......n as well as the materials on record. 14. We find substance in the submissions made by the learned Counsel in both the Civil Petitions for Leave to Appeal placed before us and we are inclined to grant leave in both cases before us. 15. Leave is granted in Civil Petition for Leave to Appeal ..Category: Civil Law | Date: | Hits: 59
Khokan Chandra Mondal and another Vs. Nanda Lal Mridha and another, 2010, 39 CLC (AD)
....fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......fering with the concurrent findings of fact of the Courts below. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: VIII ADC (2011) 926. ......nce of contract in respect of 3.49 acres of land of Plot No.9879 of S.A. Khatian Nos. 2257 and 2292 out of 8.66 acres of land. Plaintiffs case in short is that the respondent No.1 (defendant) entered to a contract for sale of the suit land with the plaintiff on 14th September, 1989 at a consideratio......e plaintiffs to give specific boundary of the suit land. This explanation suggests the vagueness of the suit land. A person who sets up a false case should not, therefore, expect a Court of equity to grant him such relief. 10. There is another aspect which the learned Judges noticed and disbeliev..Category: Civil Law | Date: | Hits: 55
Nurul Hossain Khan (Md.) Vs. Salenoor Begum, 1997, 26 CLC (HCD)
....suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......suit expeditiously preferably within 3(three) months, from the date of receipt of the LC records. Send down the LC Records at once. Ed This Case is also Reported in: 50 DLR (HCD) (1998) 38. ......n (Md.)……………Defendant Petitioner Vs. Salenoor Begum………………Plaintiff Opposite Party Judgment June 26, 1997. Result: The Rule is made absolute. Case Referred to- Abdul Malek Miah Vs. Maya Debi and others, 1984 BCR (AD) 42. Lawyers Involved: Shahid A......n alleged in the written statement that the defendant had a cordial relation with the husband of the plaintiff and he paid him rent regularly but because of the warm relationship the landlord did not grant him rent-receipts regularly and in good faith he did not insist on it. As a matter of practice..Category: Property Law | Date: | Hits: 64
Mohsena Begum Vs. Abdus Sattar being dead his heir Momtaz Begum, 1997, 26 CLC (HCD)
....Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 29. ......of action for the plaintiff and such it cannot be said that the plaintiff had got locus standi to file the suit to challenge the decree impugned in the suit. 10. Order 7 rule 11 CPC deals with the power of the Court to reject the plaint on specified grounds. The rejection of the plaint means taki......…Petitioner Vs. Abdus Sattar being dead his heir Momtaz Begum……………………….Opposite Party Judgment June 15, 1997. Result: The Rule is discharged. Cases Referred to- Golam Kader and others Vs. Abdul Khaleque Chowdhury and others, 43 DLR (AD) 107; Noor Banu Vs......the result, the Rule is discharged without any order as to costs. The judgment and decree passed by the learned Subordinate Judge, Dinajpur in OC Appeal No.127 of 1987 are affirmed. The order of stay granted earlier by this Court is vacated. Send down the case records at once. Ed. This Case..Category: Property Law | Date: | Hits: 62
Giasuddin (Md.) Vs. Eastern Co-operative Jute Society Limited and others, 1997, 26 CLC (HCD)
....order as to cost and the impugned order dated 22-3-92 is declared to have been made without any lawful authority and of no legal effect. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 15.......ner after placing the petition and other materials on record submitted that Arbitrator appointed under the provisions of the Co-operative Societies Ordinance, 1984 is not a Court and, as such, has no power to pass ad-interim order of stay or injunction and, as such, the impugned order is wholly ille...... Vs. Secretary-in-charge, Eastern Co-operative Jute Society Limited and others………………Respondents Judgment June 25, 1997. Result: The Rule is made absolute. Case Referred to- Anand Prakash Vs. Registrar, Co-operative Societies, AIR 1968, Allahabad page 22. Lawyers ......se of Anand Prakash Vs. Registrar, Co-operative Societies reported in AIR 1968, Allahabad page 22 similar question arose as to whether an Arbitrator appointed under the Co-operative Societies Act can grant an order of stay or injunction during the pendency of the arbitration proceedings. 8. On co..Category: Alternative Dispute Resolution | Date: | Hits: 156
Mustasim Ali Vs. Abdul Motalib and others, 1993, 22 CLC (HCD)
....would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ......in determining the dispute, where it has also been held that those recounting of ballot papers by the Tribunal though not specifically provided in the Election Rules, yet it falls within the inherent powers of the Tribunal, for, it is to decide the election dispute. The secrecy of ballot papers shou......li……………………..Petitioner Vs. Abdul Motalib and others…………………………Respondents Judgment July 6, 1993. Result: The Rule is discharged. Cases Referred to- Md. Shajahan Vs. Md. Sadeq & another, 38 DLR (AD) 275; PLD 1963 (SC) 704; R. Vs. Nat Bell......would be conveniently within one week after receipt of the order by the Tribunal from this Court. There will be no order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 733. ..Category: Election Law | Date: | Hits: 188
Soleman Bibi and another Vs. Administrator, Farajikandi Complex and others, 1992, 21 CLC (HCD)
....rdingly discharged without any order as to costs. Let the lower Court's records be sent down at once with a copy of this judgment. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 727. ......risdiction and in that case in spite of the bar in section 44 of the Ordinance, the civil Court shall have jurisdiction to examine the propriety of the impugned order or the action in exercise of the power vested in it under section 9 of the Code of Civil Procedure. In the instant case his main grie......) 727. ......of the plaintiffs. 2. Whether the balance of convenience and inconvenience was in favour of the plaintiffs. 3. Whether the plaintiffs would suffer irreparable loss if no temporary injunction is granted. The learned Assistant Judge on consideration of the materials on record and the facts of..Category: Property Law | Date: | Hits: 47
Sarafat Hossain Vs. Dr. Islamuddin, 1992, 21 CLC (HCD)
....her Appeal No.112 of 1985 does not call for any interference. In the result, the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 724. ......roperty at Rangpur town and that they took decision to get the property of Amar Chandra Saha at Rangpur town by way of exchange of their properties in India and accordingly both the brothers executed power of attorney in favour of their elder brother in India. Said Amar Chandra Saha executed a power......rafat Hossain……………………..Petitioner Vs. Dr. Islamuddin…………………..Opposite Party Judgment August 27, 1992. Result: The Rule is discharged. Cases Referred to- Mohori Bibi and another and Dhurmadas Ghose, Indian Appeals Vol. 30 page 115; Jasimuddin Khan...... petitioner. 14. Admittedly plaintiff opposite party was in possession of ‘Ka’ schedule property but defendant petitioner contended that he was in possession thereof on the basis of permission granted to him. In other words, he intended to say it is a permissive possession but there is no mat..Category: Property Law | Date: | Hits: 74
Wadiuzzaman Vs. Chairman, BIWTA and others, 1992, 21 CLC (HCD)
....uthority. In the light of our observation and discussion made above, all three Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 679. ...... 'D' is a notification of the Rules published in the Dhaka Gazette by the then Government of East Pakistan Home (Transport) Department dated 7.1.60. This notification was published in exercise of the powers conferred by section 25 of the East Pakistan Inland Water Transport Authority Ordinance, 1958......tions) Vs. Chairman, BIWTA and others …………………………Respondents (In all Writ Petitions) Judgment April 29, 1992. Result: The Rules are discharged. Cases Referred to- BSI Corporation, Dhaka Vs. Mahbub Hossain Chowdhury, 29 DLR (SC) 41; Md. Sekander Hossain Vs.......or the purpose of the Ordinance; (b) the scale of salary, allowances, honoraria, contributions and other remunerations to be paid to each such officer and servant; (c) The amount of leave to be granted to them, and (d) other conditions of the service. (2) The Chairman shall have power su..Category: Employment/Service Law | Date: | Hits: 116
Tamanna Steel Galvanizing Industry Ltd. Vs. Government of Bangladesh and others, 1997, 26 CLC (HCD)
....oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ......lers. 4. It appears that by SRO No.119 dated 18-6-87 published in the Bangladesh Gazette Extraordinary dated 25-6-87 that the Government amended earlier SRO No. 233 dated 27-6-1986 in exercise of power under section 12A(1) of the Excise and Salt Act, 1944 and totally exempted MS Products of Clas...... Industry Ltd……………..Petitioner Vs. Government of Bangladesh and others…………..Respondents Judgment July 24, 1997. Result: The Rules are discharged. Cases Referred to- Patel India (Private) Limited Vs. Union of India, AIR 1973 (SC) 1300; Shiv Shanker Dal Mills ......oner. In view the same we find no merit in these two Rules. In the result, these Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 50 DLR (HCD) (1998) 8. ..Category: Fiscal/Taxation Law | Date: | Hits: 164
Mirza Ashfaque Hossain and another Vs. Md. Ashraful Alam and others, 2011, 40 CLC (AD)
....্নিং বডি) সংশোধন সংবিধি ১৯৯৮ be stayed till disposal of the appeal in C.P.No. 803 of 2011. Ed. This Case is also Reported in: VIII ADC (2011) 831. ......in that the President of the Governing Body of the College is nominated by the authority of the National University and according to section 16 of the General Clauses Act the nominating authority has power to withdraw the nomination. 7. Mr. M. Amirul Islam, learned counsel appearing on behalf of ...... (In Civil Petition No.803 of 2011.) M. Amirul Islam, Senior advocate, Advocate instructed, by Md. Shamsul Alam, Advocate -on-Record-For respondents (In both the cases) Civil Petition for Leave to Appeal Nos. 2311 of 2010 and 803 of 2011. (From the judgment and order dated 25.04.2010 passed..........................Petitioners (In Civil Petition No. 803 of 20011) Vs. Md. Ashraful Alam and others ........Respondents (In both the cases) Order May 26, 2011. Result: Leave is granted. Lawyers Involved: Md. Nurul Islam, Advocate instructed by Ms. Sufia Khatun, Advocate-..Category: Others | Date: | Hits: 153
Bangladesh and another Vs. Md. Badiuzzaman and others, 2011, 40 CLC (AD)
....osal of the appeals. Appeals to be registered arising out of this leave granting order will be heard along with C.A.No.8 of 2008. Ed. This Case is also Reported in: VIII ADC (2011) 811. ......sions, the Government would not be able to employ persons in the other posts of the Council without first consulting the Council which is unconstitutional inasmuch as it has curtailed the executive power of the Government in derogation of article 133 of the Constitution. Section 28 of Act Nos.9, 1......) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorney General Korunaymoy Chakma, Deputy Attorney Gener...........Petitioner (In Civil Petition No.1891 of 2010) Vs. Md. Badiuzzaman and others.......................Respondents (In both the cases) Order March 3, 2011. Result: Leave is granted. Lawyers Involved: Mahbubey Alam, Attorney General with Murad Reza, Additional Attorne..Category: Constitutional Law | Date: | Hits: 219
Amirul Huq Shameem and others Vs. AKM Shamsuddin & others, 1995, 24 CLC (HCD)
....gned Judgment passed by the learned District judge, Mymensingh. In the result, the rule is discharged without any order as to costs. Ed. This Case is also Reported in: 49 DLR (HD) (1997) 77. ......for passing an order of mandatory injunction. Mr. Bhuiyan has submitted that the plaintiffs are in management of the affairs of the committee. Mr. Bhuiyan lastly submitted that the Court has inherent power to pass an order of injunction. Mr. Bhuiyan in support of his contention has referred to 35 DL......ers Vs. AKM Shamsuddin & others..........……………………………………Opposite Parties Judgment November 30, 1995. Result: The rule is discharged. Cases Referred to- AIR 1956 (Cal) page 428; 35 DLR (AD) 42. Lawyers Involved: Ziaur Rahman Khan, Advocate......having heard the plaintiffs was pleased to pass an order on 22-1-95 serving notice upon defendant-opposite parties asking them to show cause within 7 days as to why the order prayed for should not be granted, and in the meanwhile passed an order of ad interim injunction restraining the defendants fr..Category: Civil Law | Date: | Hits: 85
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