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....he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......iately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......he order of stay granted at the
time of issuance of the rule is hereby vacated.
Send down the L.C. Records
immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD)
(2010) 424.
......s………………………Opposite Party
Judgment
January 6, 2010.
Result:
The rule is discharged.
In a suit for declaration of title and recovery of possession, the plaintiff
must prove his title to and possession and dispossession from the suit land. ..............
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......so Reported in:61 DLR (HCD) (2009) 679. ......he result, the appeal is dismissed with costs. The connected Rule is discharged. Send down the lower Court records at once. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 679. ......e Shebait was not performing the religious rites regularly and he did not maintain the accounts of the deity's property and misappropriated the entire usufructs of the property. Subsequently, the plaintiffs' appointed one Santosh Kumar Chakraborty as pujari of the deity for performing religi..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
....tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......urt Division
(Civil)
Present:
Md. Mamtaz Uddin Ahmed J
Tobarak Ali Bepari…………………………Petitioner
Vs.
Hachen Kha Being
Dead His Heirs 1(A) Razzak Kha and others…………………….Opposite Parties
Judgment
August 25, 2009.
Result......tion money
along with the compensation, so deposited by the pre-emptor.
Send down the lower
Courts records immediately.
Ed.
This Case
is also Reported in: 30 BLD (HCD) (2010) 318.
......n 4 BLC 178. Their Lordships observed:
"9.
Admittedly, both the S.A. Khatians as
well as R.S. Khatians in respect of
the suit land stand in the names of the predecessor-in interest of the
plaintiff-opposite parties and also in some of their names It is true that the
SA records, in view ..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shafiullah Chowdhury and others Vs. State, 2009, 38 CLC (HCD)
.... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......490. ...... the Rule is hereby vacated. Communicate copy of this judgment to the concerned Court where the case is pending. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 490. ......ormant and the accused petitioner No.1 and if there is any breach of contract, it is a civil liability, for which the proper remedy lies in the civil court. He submits that in fact the informant as plaintiff instituted Title Suit No.1 of 2006 in the 5lh Court of Joint District Judge, Dhaka on 1.1..Category: Procedural Law | Date: 12 Aug, 2009 | Hits: 8
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
.... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......rt Appellate Division (Civil) Present: MM Ruthful Amin CJ BK Das J Md. Muzammel Hossain J Sree Ashish Kumar Shaha Roy..............Plaintiff-appellant-petitioner Vs. Al-Haj Md. Wasidul Islam and others………Principal-defendants-opposite parties Judgment July 23, 2009. Result: This pe...... therefore find any substance in any of the submissions of the learned Counsel for the petitioner. This petition is accordingly dismissed. Ed. This Case is also Reported in: 21 BLT (AD) (2013) 13. ......e, Mymenshing in Other Class Appeal No.82 of 2008 who upheld the judgment and decree dated 31.1.2006 passed by the Senior Assistant Judge, Sadar, Mymenshing in Title Suit No.55 of 2005 dismissing the plaintiffs suit. 2. The petitioners as plaintiffs instituted Other Suit No.55 of 2004 in the Court ..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
.... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......aul Karim J
Radha Shyam Sarker……………………………..Petitioner
Vs.
Nani Gopal Sen being dead his heirs: Ashesh Kumer and others.......................Opposite parties
Judgment
July 5, 2009.
Result:
...... order of stay granted earlier by this Court stands vacated.
Office is directed to send down the record of the case at once.
Ed.
This Case is also Reported in: 7 LG (HCD) (2010) 73.
......nior Assistant Judge, third Court, Dhaka, decreeing S.C.C. Suit No.05 of 1996.
2. Short facts leading to this Rule are that on 21-03-1996 Nani Gopal Sen predecessor of opposite party nos. 1-7 as plaintiffs instituted S.C.C. Suit No.05 of 1996 in the third Court of Senior Assistant Judge, D..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......Present: Syed Abu Kowser Md. Dabirush Shan J Most. Abu Tara……………………Defendant-Respondent Petitioner Vs. Md. Abdur Rahim Khan and others……………………….Plaintiff-Appella...... rule is discharged without any order as to costs. Lower Courts records be sent down at once with a copy of the Judgment. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 449. ......2 respectively passed by the learned Joint District Judge, 3rd Court, Dhaka, in Title Suit No.177 of 2000 dismissing the suit should not be set aside. 2. On 27.11.2000 the opposite party No.1 as plaintiff instituted a Title Suit No.177 of 2000 before the Court of the then Subordinate Judge, 3rd..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
Agrani Bank Vs. Md. Abdul Khaleque & another, 2009, 38 CLC (HCD)
....dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:...... No one appears-For the respondents. First Appeal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judge and Artha Rin Adalat, 2nd Court, Netrokona in Ar......dismissed, the judgment and the decree of the trial court is hereby set aside. Send down the L.C. record immediately. Md. Abu Tariq J.- I agree. Ed. This Case is also Reported in:...... Mrs. Mahmuda Begum, Advocate-For the appellant. No one appears-For the respondents. First Appeal No. 9 of 1997. Judgment Mashuque Hosain Ahmed J.- This appeal preferred by the plaintiff-appellant against the impugned judgment and decree dated 10.10.1995 passed by the Sub-Judg..Category: Banking Law | Date: 23 Jun, 2009 | Hits: 153
Md. Babul Hossain Mollah and others Vs. Hasneara Begum and others, 2009, 38 CLC (HCD)
....fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ...... This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......fice is directed to send down the records of the case at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 312. ......e, 1908 and other provisions of the Code cannot be invoked. It is well settled that where decree in question was granted on merit, it means that the defendants filed written statement and examined plaintiff witnesses before absenting themselves. Defendants had not challenged such decree on merit..Category: Procedural Law | Date: 28 May, 2009 | Hits: 3
Bangladesh National Women Lawyers Association (BNWLA) Vs. Bangladesh and Others, 2009, 38 CLC (HCD)
....ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......iginal Jurisdiction) Present: Syed Mahmud Hossain J Quamrul Islam Siddiqui J Bangladesh National Women Lawyers Association (BNWLA)...... the petitioner Vs. Government of Bangladesh and Others...... the respondents Judgment May 14, 2009. Cases Referred to- H.M. Ershad......ficult task in public interest. There is no order as to costs. Quamrul Islam Siddiqui J.- I agree. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 415, 14 BLC (HCD)(2009) 694. ......2 also adverted to a Canadian case, David Dotchin V. Saskatchewan (Workers’ Compensation Board), Queen’s Bench, Judicial Centre of Regina, Canada, 2002 SKQB 279 in which Malone, J. held that the plaintiff’s conduct, which involved “leering, looking at the bodies of female employees in an in..Category: Women and Children | Date: 14 May, 2009 | Hits: 330
Md. Alauddin Bepari Vs. Somola Khatoon & others, 2009, 38 CLC (HCD)
....ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......¦â€¦.Appellant Vs. Somola Khatoon & others……………………opposite parties Judgment April 21, 2009. Result: The Rule is made absolute. Case Referred to- M. Pentiah and others Vs. Muddala Veeramallappa and others, AIR, 1961 (SC) 1107. Lawyers Involved: Mahmud......ting the application under Order 7 Rule 11 of the Code of Civil Procedure is hereby set aside and the plaint of the suit is rejected. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 251. ......side and/or such other or further order or orders be passed as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule, briefly, be put thus:- The opposite party, as plaintiff, filed a suit for Specific Performance of Contract in the Court of learned Joint District ..Category: Civil Law | Date: 21 Apr, 2009 | Hits: 91
Md. Abdur Rashid & others Vs. Most. Amena Khatun and others, 2009, 38 CLC (HCD)
.... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......Ahmed J Md. Abdur Rashid & others……………………………………Petitioners Vs. Most. Amena Khatun and others…………………………Respondent...... is discharged, however, without any order as to costs. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 296. ......For the Petitioners. Md. Nurul Amin with Md. Amimul Ehsan- For Opposite Parties. Civil Revision No. 5086 of 2004. Judgment Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-respondent-petitioners, was issued calling upon the opposite party No.1 to show cause..Category: Property Law | Date: 13 Apr, 2009 | Hits: 2
Jaharlal Bandapadhya and others vs. Most. Begum Jahanara, 2009, 38 CLC (AD)
....ourt Division. In such view of the matter we find not substance in this appeal. The appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......t any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......ourt Division. In such view of the matter we find not substance in this appeal. The appeal is disÂmissed without any order as to cost. Ed. This Case is also Reported in: VII ADC (2010) 155. ......1995 passed by the learned Subordinate Judge, 1st Court, Barisal in Title Suit No. 133 of 1971 decreeing the suit in part. 2. The facts, in short, are that the deceased Most. Begum Jahanara as the plaintiff filed the above mentioned Title Suit against the appellant for Specific Performance of Con..Category: Property Law | Date: 13 Apr, 2009 | Hits: 74
Abdus Sahid @ Shahid & others Vs. Anowara Begum & others, 2009, 38 CLC (HCD)
....eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......hellip;……………Opposite Parties Judgment April 9, 2009. Result: The Rule is discharged. Case Referred to- Ahejuddin Molla Vs. Hanufa Bibi and others, 26 D.L.R. (1974) 323. Lawyers Involved: Md. Faroque Ahmed with Anjuman-Ara Beg......eipt of this order. Send down the Lower Court Records at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 394. ......d with Anjuman-Ara Begum- For the Petitioners. M.A. Jabbar- For Opposite Parties. Civil Revision No.1245 of 2005. Judgment Afzal Hossain Ahmed J.-This Rule, at the instance of the plaintiff-appellant-petitioners, was issued calling upon the opposite party Nos.1-6 to show cau..Category: Property Law | Date: 9 Apr, 2009 | Hits: 2
....pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......Division
(Civil
Revisional Jurisdiction)
Present:
Md.
Abdur Rashid J
Gour Netai Sri Sri Modan Mohan Das
Bigraha…………… Petitioner
Vs.
Jahanara Islam Chowdhury and
others………...Opposite Parties
Judgment
December 18, 2008.
Result:
The ......pect of possession
until disposal of the aforesaid matter by the learned District Judge.
Send down the record at once.
Ed.
This Case is also Reported in: 61 DLR (HCD) (2009) 141.
......owdhury, predecessor-in-interest of opposite party Nos. 1 to 4
instituted Title Suit No. 405 of 1984, which was dismissed on merit in the
absence of the deity by an order dated 12-11-85. Then, said plaintiff made an
application under Order XLVII, rule 1 of the Code of Civil Procedure being
Misce..
Category: Hindu Law | Date: 18 Dec, 2008 | Hits: 22
Akramuzzaman (Md.) alias Babu Vs. Artha Rin Adalat No. 1 Rajbari and others, 2008, 37 CLC (HCD)
....cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......n (Special Original Jurisdiction) Present: Zinat Ara J SM Ziaul Karim J Akramuzzaman (Md.) alias Babu ……………. Petitioner Vs. Artha Rin Adalat No. 1 Rajbari and others………………..Respondents Judgment November 5, 2008. Result: Th......cate the order at once with a copy of judgment for information and necessary action to all respondents. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 638; 15 MLR (HCD) (2010) 1. ......ve been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 29-4-2004, the respondent No. 2, Sonali Bank, Rajbari Branch (briefly as bank) as plaintiff instituted Artha Rin Suit No. 45 of 2004 in the Court of Artha Rin Adalat No. 1, Rajbari (..Category: Civil Law | Date: 5 Nov, 2008 | Hits: 168
....endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......
(Admiralty
Jurisdiction)
Present:
Syed
Refaat Ahmed J
United Edible Oils Ltd…………………plaintiff
Vs.
London Steam Ship Owners'
Mutual Insurance Association Ltd. and other(s) …………Defendants
Judgment
October 26, 2008.
Result:
The
Appl......endants in general,
and the defendant Nos. 1 and 2 in particular, submit their Written Statements
positively by 4-1-2009.
Ed.
This Case is also
Reported in: 61 DLR (HCD) (2009) 244. ......: 61 DLR (HCD) (2009) 244. ..
Category: Admiralty Law or Maritime Law | Date: 26 Oct, 2008 | Hits: 17
.... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
......Md. Dabirush-Shan J
S.M. Mohiuddin Hossain…………………………Petitioner
Vs.
Jalalabad Co-Operative Housing Society Limited and others………….Opposite Parties
Judgment
August 5, 2008.
...... time of issuance of the rule is hereby vacated.
The lower courts record be sent down at once with a copy of the judgment.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 135.
.......08.1995 and 05.09.1995 respectively passed by the learned Senior Assistant Judge, 5th Court, Sadar, Chittagong in Other Suit No.121 of 1992 should not be set aside.
2. The petitioner being sole plaintiff instituted the suit for permanent injunction in the Court of Senior Assistant Judge, ..
Category: Civil Law, Property Law | Date: 5 Aug, 2008 | Hits: 4
Motahera Begum and others Vs. Abdul Monaf and others, 2008, 37 CLC (HCD)
....ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......is also Reported in: 29 BLD (HCD) (2009) 402. ......ule is discharged without and order as to the costs. Lower Courts record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 402. ......1.1999 and 31.1.1999 respectively passed by the learned Senior Assistant Judge, Cox's Bazar in Other Suit No.45 of 1995 in decreeing the suit should not be set aside. 2. The petitioner being plaintiffs instituted Other Suit No.45 of 1995 in the Court of the learned Senior Assistant Judge, C..Category: Property Law | Date: 30 Jul, 2008 | Hits: 2
Khairul Amin and others Vs. Md. Saidul Hoque & another, 2008, 37 CLC (HCD)
.... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ...... is also Reported in: 61 DLR (HCD) (2009) 252. ...... Code of Civil Procedure is not called for. Accordingly, this Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 252. ......e (in-charge), Sitakunda in other Suit No. 2 of 1998 should not be set aside and or pass such or further order or orders as to this Court may seem fit and proper. 2. The opposite party No.1 as plaintiff instituted Other Suit No.2 of 1998 before the learned Assistant Judge, Sitakunda imp lea..Category: Evidence Law | Date: 19 Jun, 2008 | Hits: 8
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