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Most. Khairunnessa Vs. Atar Banu and others, 2003, 32 CLC (AD)
....llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ...... Division (Civil) Present: Md. Ruhul Amin J Abu Sayeed Ahammed J Most. Khairunnessa…………..... Appellant. Vs. Atar Banu and others ...........Respondents. Judgment July 13, 2003. Case Referred to- ......llowed. The judgment and decree of the appellate court affirming those of the trial court is restored without any order as to costs. Ed. This Case is also Reported in: II ADC (2005) 16. ......ent and Order dated 08.12.1998 passed by the High Court Division in Civil Revision No. 1029 of 1998.) Judgment Abu Sayeed Ahammed J.- This appeal by leave, is at the instance of the plaintiff calling in question the judgment and order dated 08.12.1998 of a Single Bench of the High..Category: Property Law | Date: | Hits: 31
Nasir Hossain Chaklader & ors Vs. Joint Dist Judge & Artha Rin Adalat 2, Dk & ors, 2008, 37 CLC (AD)
....ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ...... Appellate Division (Civil) Present: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Nasir Hossain Chaklader and others………………...................................Petitio......ecution case to be disposed of in accordance with law. We find no substance in this petition which is accordingly dismissed. Ed. This Case is also Reported in: VI ADC (2009) 302. ......desh) Limited, 102/351, Hwaqok-Cong Kanesco-Ku-Seoul, Korea. 3. In the year 1990, the respondent No.2, National Bank Limited, Motijheel Branch, Dilkhusa Commercial Area, Motijheel, Dhaka as plaintiff filed a Money Suit No. 84 of 1990 in the Court of Subordinate Judge, 3rd Court, Dhaka cla..Category: Civil Law | Date: | Hits: 106
Zahur Ali Sk. and another Vs. Jogendra Nath Samaddar and others, 2008, 37 CLC (AD)
....long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......35. ......long 32 years and correctly decreed the suit. We find no merit in these petitions which are accordingly dismissed. Ed. The Case is also Reported in: VI ADC (2009) 295, 16 BLC (AD) (2011) 35. ......ted against the judgment and order dated 31.08.2006 passed by the High Court Division in Civil Revision Nos. 4217 of 1998 and 386 of 1999 discharging the Rule. 2. The facts, in short, are that the plaintiff opposite parties instituted Title Suit No. 222 of 1994 in the 2nd Court of the learned Sub..Category: Property Law | Date: | Hits: 37
M/S. Nur Mohammad and Company Limited Vs. Bangladesh, 2008, 37 CLC (AD)
....e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......nbsp; (Civil) Present: MM Ruhul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J M/S. Nur Mohammad and Company Limited ………………………&hellip......e in the submissions of the learned Counsel for the petitioner. Accordingly, the petition dismissed. Ed. This Case is also Reported in: 61 DLR (AD) (2009) 77; VI ADC (2009) 287. ......tting aside those dated 27.11.1997 of the Subordinate Judge, 2nd Court, Chittagong in Other Suit No. 120 of 1993 thereby dismissing the same. 2. The facts of the case, in short, are that the plaintiff company is a private limited company incorporated under the Companies Act, 1913 and is a ..Category: Property Law | Date: | Hits: 42
Government of Bangladesh and others Vs. Shamsun Nahar and others, 2009, 38 CLC (AD)
.... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ....... Ed. This Case is also Reported in: ...... filed by these petitioners". Accordingly, the Appeal is allowed without any order as to cost. Let the leave Petition be fixed for hearing. Ed. This Case is also Reported in: ......f 1995 filed by the defendant under Order 9 Rule 13 of the Code of Civil Procedure for setting aside ex parte decree dated 19.8.1995 passed in Title Suit No. 1 of 1995. 2. Short facts are that the plaintiff-respondent filed the suit stating, inter alia, that the suit property originally belonged ..Category: Limitation Law | Date: | Hits: 241
Md. Kamal Hossain Vs. Subordinate Judge, Artha Rin Adalat and others, 2008, 37 CLC (AD)
....at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......hul Amin CJ Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Md. Kamal Hossain..... Appellant Vs. The Subordinate Judge, Artha Rin Adalat and others..... Respondents Judgment August 19, 2008. Case Referred to- Punjab Mercantil......at the High Court Division upon correct assessment of the materials on record arrived at a correct decision. The appeal is dismissed. Ed. This Case is also Reported in: 15 BLC (AD) (2010) 177......lat, Noakhali in Artha Execution Case No. 52 of 1994 setting aside the auction held on 6th October, 1998. 3. The writ respondent No.3, i.e. Janata Bank, Chowmohani Branch, Chowmohani, Noakhali as plaintiff obtained a decree for recovery of Tk. 19,80,076.88 in Mortgage Suit No. 52 of 1992. Lands ..Category: Civil Law | Date: | Hits: 92
Tafazzal Ahmed Vs. Badiul Alam and others, 2007, 36 CLC (AD)
....d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......esent: Mohammad Fazlul Karim J Md. Tafazzul Islam J Md. Joynul Abedin J Md. Abdul Matin J Tafazzal Ahmed.................. Petitioner Vs. Badiul Alam and others....... Respondent Judgment July 27, 2007. Lawyers Involved: ......d at a correct decision. We, therefore find no reason to interfere with the same. Accordingly the petition is, dismissed. Ed. This Case is also Reported in: 1 XP AD (2008) 155. ......Leave to Appeal No. 498 of 2004. Judgment Md. Joynul Abedin J.- This petition for leave to appeal by the plaintiff is directed against the judgment and order dated 27.2.2007 passed by a Single Bench of th..Category: Property Law | Date: | Hits: 36
Eastern Bank Ltd Vs. Saudi Bangladesh Indus & Agricultural Investment Co. Ltd., 2004, 33 CLC (AD)
....in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......Syed JR Mudassir Husain CJ Mohammad Fazlul Karim J Amirul Kabir Chowdhury J Eastern Bank Limited. .................Appellant Vs. Saudi Bangladesh Industries and Agricultural Investment Company Ltd. ...... Respondent Judgment March 9, 2004. ......in within 7 (seven) days from the date of the receipt of the judgment and if necessary order for substituted service may be passed. Ed. This Case is also Reported in: 1 ADC (2004) 566. ......pondent No.1 in the Court of Subordinate Judge, Commercial Court No. 2, Dhaka. 3. The respondent No. 2, the Saudi Bangladesh Industrial and Agricultural Investment Company Ltd. (SABINCO) as plaintiff filed Money Suit No. 6 of 1994 against the appellant in the Court of Subordinate Judge, C..Category: Others | Date: | Hits: 95
Jasiron Nesa and another Vs. Hamida Bewa and others, 2004, 33 CLC (AD)
....emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ......is Case is also Reported in: 1 ADC (2004) 513. ......emand to the trial court to dispose of the same in accordance with law. The appeal is allowed. There is no order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 513. ...... the appeal and affirming the judgment and decree dated 29.8.1993 passed by the Senior Assistant Judge, Sujanagar in Other Suit No. 48 of 1983 dismissing the suit. 2. The respondent as plaintiffs instituted Title Suit No. 48 of 1983 in the Court of the then Munsif, Sujanagar for decl..Category: Property Law | Date: | Hits: 33
Gouranga Lal Sheel & others Vs. Gouranga Chandra Nath & others, 2004, 33 CLC (AD)
.... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ......ivil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Gouranga Lal Sheel & others ....................Appellants Vs. Gouranga Chandra Nath & others.............Respondents Judgment July 31, 2004. Lawyers...... reversal. Therefore, the impugned judgment requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 507. ...... against the judgment and order dated 13.08.1997 passed by a Single Bench of the High Court Division in Civil Revision No. 1490 of 1992, making the Rule absolute. 2. Short facts are that the plaintiffs brought the suit for a declaration that they are the owners of the disputed land an..Category: Property Law | Date: | Hits: 82
Hafiz Md. Shamsul Alam & others Vs. Musleuddin Ahmed & others, 2004, 33 CLC (AD)
....re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......nior Advocate instructed by Md. Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1-2. No represented-Respondent No. 3. Civil Appeal No.190 of 2002. (From the judgment and order dated 13.12.2000 passed by the High Court Division in Civil Revision No. 4348 of 1999) ......re guilty of subletting and hence the impugned judgment requires interference by us. The appeal, therefore, is allowed with costs. Ed. This Case is also Reported in: 1 ADC (2004) 488. ......directed against the Judgment and Order dated 13.12.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 4348 of 1999 discharging the Rule. 2. Short facts are that plaintiff Nos.1 and 2 and their father purchased holding No. 99 of Nawabpur Road, Dhaka in the yea..Category: Property Law | Date: | Hits: 23
Deputy Commissioner, Dhaka and other Vs. Abdul Hakim, 2002, 31 CLC (AD)
....al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......d in: 1 ADC (2004) 473. ......al is allowed. The judgment of the lower appellate court is restored and the suit is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 473. ......nce of Government defendants is directed against the judgment and order dated 11-6-2000 in Civil Revision No. 1365 of 1997 passed by the High Court Division making the Rule absolute. 2. The plaintiff respondent No.1, Abdul Hakim filed Title Suit No. 60 of 1993 in the court Assistant Judge..Category: Property Law | Date: | Hits: 22
Anu Miah and others Vs. Gauranga Chandra Sharma and others, 2002, 31 CLC (AD)
.... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ......s also Reported in: 1 ADC (2004) 462. ...... the High Court division. In the result, we find no merit in this appeal and it is dismissed without any order as to cost. Ed. This Case is also Reported in: 1 ADC (2004) 462. ...... that of the defendant No. 1's property mentioned in schedule 3 (ka) of the plaint and got possession in their respective exchanged properties. The defendant No. 1 purchased some lands in the plaintiff's paternal homestead from the plaintiff's brother son Nagendra Chandra Sharma and by..Category: Property Law | Date: | Hits: 27
Mujibul Haque Vs. Lokman Mia, 2002, 31 CLC (AD)
....third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ......Senior, Advocate, instructed by Aftab Hossain, Advocate-on-Record-For the Petitioner. Not represented- the Respondent. Civil Review Petition No. 23 of 2001. (From the judgment and Order dated 25 July 2002 passed by the Appellate Division in Civil Appeal No. 75 of 1997). ......third case with completely now facts which cannot be considered and decided in review. The petition is therefore dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 431. ...... judgment and order passed by the High Court Division in Civil Revision No. 5089 of 1991 (Civil Revision No. 139 of 1989, Comilla) making the Rule absolute. 2. The review petitioner as plaintiff filed Title Suit No. 176 of 1984 in the Court of Upazila Munsif, Begumganj for declaratio..Category: Property Law | Date: | Hits: 20
Administrator, Gammon Bangladesh Ltd. Vs. Tota Mia and others, 2002, 31 CLC (AD)
....is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......Civil) Present Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Administrator, Gammon Bangladesh Ltd...........................Appellant. Vs. Tota Mia and others ...........Respondents. Judgment November 24, 2002. Lawyers Invol......is hardly any ground for allowing the appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 427. ......he order dated 7.2.1996 and restoring the Rule to its original file and number arising out of F.A.T. No. 176 of 1993 earlier discharged by the High Court Division. 2. The respondent No.1 as plaintiff instituted Money Suit No. 55 of 1987 in the Second Court of Subordinate Judge, Dhaka..Category: Procedural Law | Date: | Hits: 94
Mir Kalimuddin Vs. Mohammad Dhukhi Mondal and others, 2004, 33 CLC (AD)
.... that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... Division (Civil) Present: Md. Ruhul Amin J MM Ruhul Amin J Md. Tafazzul Islam J Mir Kalimuddin, being dead his heirs 1(a) Asia Khatun alias Chamatkar Biby and others................. Petitioners Vs. Mohammad Dhukhi Mondal and others.............. that view of the matter we find no substance in the petition. Accordingly the review petition is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 413. ...... 151 of 1967, seeking declaration of title and confirmation of possession in respect of the land measuring 3.75 acres which he acquired in exchange of his property in India. It was the case of the plaintiff that he is in possession of the land in suit since 1356 B.S and that during R.S operation..Category: Property Law | Date: | Hits: 29
Janata Bank Vs. Abdus Salam, 2003, 32 CLC (AD)
....udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ......vocate (Kamrul Huda, Advocate with him) Instructed by Mvi Md. Wahidullah, Advocate-on-Record-For the appellant. Not represented- the Respondent. Civil Appeal No. 01 of 1998 (From Judgment and order dated 4.9.1994 passed by the High Court division in First Appeal No. 68 of 1998). Judg......udgment and decree dated 4.9.94 passed by the High Court Division in F. A. No. 68 of 1988 is hereby set aside and the suit is dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 406. ...... by leave is against the judgment and order dated 4.9.1994 passed by the Division Bench of the High Court Division in First Appeal No. 68 of 1998 allowing the appeal in part. 2. The respondent as plaintiff filed Title Suit No. 365 of 1984 in the 2nd Commercial Court, Dhaka for decree for deliver..Category: Civil Law | Date: | Hits: 79
Khondoker Mobarak Ali Vs. Jahanara Begum and others, 2003, 32 CLC (AD)
..... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ...... (Civil) Present: Md. Ruhul Amin J KM Hasan J Md. Fazlul Haque J Khondoker Mobarak Ali.............................Appellant Vs. Jahanara Begum and others......................Respondents Judgment February 9, 2003. Case ....... Accordingly, the appeal is dismissed without any order as to costs. The suit has rightly been dismissed. Ed. This Case is also Reported in: 1 ADC (2004) 401. ......7). Judgement Md. Fazlul Haque J.- This appeal at the instance of the plaintiff arises out of the judgment and order dated 26.4.1995 passed by the Single Bench of t..Category: Property Law | Date: | Hits: 26
Sonali Bank Vs. Md. Sirajul Hoque Chowdhury and others, 2004, 33 CLC (AD)
.... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......min J MM Ruhul Amin J Md. Tafazzul Islam J Sonali Bank……………………Appellant Vs. Md. Sirajul Hoque Chowdhury and others...........Respondent Judgment June 28, 2004. Cases Referred T...... 4 as the defendants along with others. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 394. ......hat defendant Nos. 3 and 4 having admitted, undertaken and declared their liability to the Bank the High Court Division was wrong in upholding the finding of the trial Court to the effect that plaintiff will get no decree against them as they were not borrowers and that their presence will ..Category: Civil Law | Date: | Hits: 121
Shanti Ranjan Das Vs. Khalilur Rahman Bhuiyan & others, 2002, 31 CLC (AD)
....gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......enior Advocate instructed by Ataur Rahman Khan, Advocate-on-Record-For Respondent Nos. 1-2. Not represented-Respondent Nos. 3-4. Civil Appeal No.168 of 2000 (From the judgment and order dated 16.01.2000 passed by the High Court Division in Civil Revision No. 645 of 1987). ......gent reason to interfere with the judgment of the High Court Division. Accordingly, the appeal is dismissed with cost. Ed. This Case is also Reported in: 1 ADC (2004) 387. ......d against the judgment and order dated 16.01.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute. 2. Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract..Category: Property Law | Date: | Hits: 31
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