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Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)

.... This appeal by directed against the judgment and order dated 12 November 2002 passed by the High Court Division in Civil Revision No. 2468 of 2001 discharging the Rule issued against judgment and decree dated 11-1-2001 of the Subordinate Judge and Artha Rin Adalat, Rajshahi in Title Appeal No.1......n period said Sudhir Chandra left this country for India; Dil Mohammad transferred the suit land to his wife plaintiff-Amena Khatun (respondent herein) through registered deed of sale in return of dower money on 15-12-1967 and accordingly, mutated her name in mutation Case No.793/IX/75-76 dated ..

Category: Property Law | Date: | Hits: 25

Abul Kashem Howlader & ors. Vs. Md. Kashem Ali Khan and others, 2005, 34 CLC (AD)

....t                  Mohammad Fazlul Karim J. - The plaintiff seeks leave to appeal against the impugned judgment decree dated 9-5-2001 passed by the High Court Division in Second Appeal No. 548 of 1978 disposing ......on 6-12-1958 as fraudulent and not binding upon the plaintiffs. The petition is disposed of aforesaid modification. Ed. This Case is also Reported in: 11 BLC (AD) (2006) 86. ..

Category: Property Law | Date: | Hits: 102

Most. Bulbul Begum Vs. Mohammad Sanwar Belal and another, 2003, 32 CLC (AD)

....and order dated December 2, 1997of a Single Bench of the High Court Division in Civil Revision No.1056 of 1995 making the Rule absolute and thereby dismissing the suit upon reversing the judgment and decree dated November 26, 1994 of the 1st Court of Subordinate Judge, Sadar, Chittagong in Small Cau......989 of the 1st Court of Subordinate Judge (now joint District Judge), Sadar, Chittagong, is restored. There is no order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 83. ..

Category: Tenancy Law | Date: | Hits: 169

Government of Bangladesh Vs. Ali Akber Ansari, 2004, 33 CLC (AD)

....rt Division accordingly made the Rule Nisi absolute. 6. Leave was granted to consider the submission that on 06.03.1997 O.C. Suit No. 109 of 1995 filed by the Government-appellants has been decreed ex-parte and under section 9 of the Code of Civil Procedure the Civil Courts have jurisdic......ason to interfere with the judgment of the High Court Division. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 76. ..

Category: Property Law | Date: | Hits: 46

Bangladesh Vs. Shamirunnessa Bibi, 2005, 34 CLC (AD)

....missing the Miscellaneous Case No. 28 of 1991 registered under 9 Rule 13 read with Section 151 of the Code of Civil Procedure. The Miscellaneous case was filed seeking setting aside of the ex parte decree dated 12.12.1984. 2. Short facts are that the respondents predecessor filed Title Sui......ourt Division is set aside and those of the appellate court passed in Miscellaneous Appeal No. 45 of 1993 are restored. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 71. ..

Category: Property Law | Date: | Hits: 25

Sultan Molla and others Vs. Helaluddin Howlader & others, 2004, 33 CLC (AD)

....ion in Civil Revision No. 899 of 1998 discharging the Rule. 2. Short facts are that the plaintiff instituted Title Suit No. 272 of 1987 in the court of Senior Assistant Judge, Barisal for a decree for partition with a prayer for declaration that the kabala dated 23.12.1920 in favour of th......on did not commit any error of law requiring interference by this court. Accordingly, this petition is dismissed. Ed. This case is also Reported in: 14 BLT (AD) (2006) 66. ..

Category: Property Law | Date: | Hits: 25

Wazed Ali Sheikh Vs. Must. Hazera Khatoon & Others, 2007, 36 CLC (AD)

....sion in Civil Revision No. 4274 of 1994 making the Rule absolute. 2. The plaintiff instituted Title Suit No. 179 of 1990 in the Court of Assistant Judge, Additional Court No.1, Khulna for a decree for partition stating, inter alia, that the land of the said jote belonged to Ismail Sk. Has......ersuade ourselves to differ with the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 215. ..

Category: Property Law | Date: | Hits: 26

Md. Nasirullah Vs. Md. Ziauddin Khan & Others, 2007, 36 CLC (AD)

.... in Civil Petition for Leave to Appeal No. 885 of 2005 dismissing the petition. 2. The plaintiffs instituted Title Suit No.112 of 1994 in the First Court of the Assistant Judge, Dhaka for a decree for redemption of mortgage. The suit was transferred to the Court of Senior Assistant Judge,......that the point raised was well answered in the impugned judgment. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 185. ..

Category: Property Law | Date: | Hits: 41

People's Republic of Bangladesh Vs. A.H.M. Khurshed Ali & Ors., 2008, 37 CLC (AD)

....tion 115 of the Code of Civil Procedure:- "115. Revision.- (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a Court of District Judge or Additional District Judge, or a ......correct decision. We do not find any cogent reason to interfere with the same. The petition is dismissed upon condonation of delay. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 159. ..

Category: Limitation Law | Date: | Hits: 171

Sufia Begum & Others Vs. Md. Tariqul Islam & Another, 2007, 36 CLC (AD)

....he plaintiff, Title Suit No.137 of 1957 was filed by the plaintiff in the First Court of the Subordinate Judge (now Joint District Judge), Comilla for Specific Perform­ance of Contract. The suit was decreed on 29.04.1958 and necessary sale deed, Exhibit-2 was obtained through court on 17.01.1959. T......­ing the Rule absolute and the same accord­ingly requires interference by us. The appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 28 BLD (AD) (2008) 28. ..

Category: Tenancy Law | Date: | Hits: 141

Achyutananda Das Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....fore the High Court Divi­sion to show that the petitioner was ever an enemy subject or alien enemy within the meaning of Defence of Pakistan Rules, 1965 and, as such, the impugned judgment and decree are liable to be set aside; that the peti­tioner being a citizen of Bangladesh, he havin......in the submissions of the learned Advocate for the petitioner. Accordingly, the leave petition is dismis­sed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 147. ..

Category: Property Law | Date: | Hits: 54

Oriental Bank Ltd. former Al-Baraka Bank Bangladesh Ltd. Vs. A B Siddiq (Ludu), 2007, 36 CLC (AD)

....inst the judgment and order dated 27-4-2004 and 2-4-2005 passed by the High Court Division in Writ Petition No. 2235 of 2000 discharging the Rule by majority decision and refusing to interfere with decree of Artha Rin Adalat No. 4, Dhaka dismissing the suit as against guarantor respondent No.1. ...... by this Division. In such view of the matter we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 144. ..

Category: Business or Commercial Law | Date: | Hits: 122

Marziana Khatun Vs. Government of Bangladesh, 2007, 36 CLC (AD)

....ty. The said Title Suit was subsequently transferred to the Additional Court of Assistant Judge, Rajshahi and renumbered as OC Suit No. 119 of 1983. Ultimately, the said OC Suit No. 119 of 1983 was decreed on contest on 24-4-1983. While the petitioner had been enjoying and possessing the case pr......no substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 140. ..

Category: Property Law | Date: | Hits: 23

Abdur Rakib (Md) (Shahin) Vs. Shertaj Khatun and another, 2008, 37 CLC (AD)

....l is directed against the judgment and order dated 8-2-2007 of the High Court Divi­sion passed in Civil Revision No. 1888 of 2003 making absolute the Rule obtained challenging the judgment and decree dated 21-10-1999 of the learned Subordinate Judge (now Joint District Judge), 2nd Court, Chu......ourt, Jibannagar, Chua­danga passed in Family Suit No. 18 of 1995 decreeing the suit. 2. The respondent No.1, as plaintiff, filed the above family suit claiming mainte­nance and also dower money on the aver­ments that the petitioner married her on 1st Baishak 1400 BS and dower..

Category: Family Law | Date: | Hits: 155

Morium Begum and others Vs. Durga Matha and others, 2008, 37 CLC (AD)

....ppeal arises out of the judgment and order dated 22 and 24-8-2006 of the High Court Divi­sion passed in Civil Revision No.637 of 2002 discharging the Rule obtained challenging the judgment and decree dated 29-10-2001 of the learned Additional District Judge, 2nd Court, Barisal passed in Titl...... no illegality or infirmity in the above decision so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 131. ..

Category: Property Law | Date: | Hits: 26

Abdul Baki and others Vs. Farooque Ahmed, 2007, 36 CLC (AD)

....aintiff's father orally gifted the suit property to the plaintiff and that after the death of Abdur Rahman the plaintiff started a Miscellaneous Case No. 273 of 1974 for setting aside the ex parte decree obtained by one Afseruddin Ahmed in Title Suit No. 99 of 1967 and obtained a decree and in e......d before us required to be investigated afresh by way of review. The review petition is, accordingly, dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 128. ..

Category: Property Law | Date: | Hits: 25

AQM Shah Alam Chowdhury Vs. Bangladesh and ors., 2007, 36 CLC (AD)

....ed written statement contending that due to continuous political unrest like hartal, etc, the company sustained heavy loss and that the bank gave loan of Taka 1,40,00,000 to the company but claimed decree for Taka 2,23,80,406.74 without specifying on what accounts they made claim in excess of ac......f any kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 122; V ADC (2008) 198. ..

Category: Civil Law | Date: | Hits: 103

Bangladesh Vs. AHM Khurshed Ali and others, 2008, 37 CLC (AD)

....e of Civil Procedure: "115. Revision. — (1) The High Court Division may, on the application of any party aggrieved, call for the record of any suit or proceeding in which a decree or an order has been passed by a Court of District Judge or Additional District Judge, or a...... not find any cogent reason to interfere with the same. The petition is dismissed upon condo­nation of delay. Ed. This Case is also Reported in: 13 BLC (AD) (2008) 114. ..

Category: Civil Law | Date: | Hits: 77

Sree Sree Modon Mohan Gouro Nitai Deva Bigraha Vs. Mozaharul Islam Chowdhury, 2008, 37 CLC (AD)

....f 1984 before the Sub Judge, 1st Court, Dhaka for Specific Performance of Contract against one Giribala Dasi alleged Sebayiet of Sree Sree Modon Mohan Goura Netai Debo Bigraha obtained an ex parte decree and got sale deed executed by the Court on 06.01.1987 and thereafter, filed  title ...... substance in the submission of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 231. ..

Category: Civil Law | Date: | Hits: 100

Government of Bangladesh Vs. Ershad Ali Moral and others, 2005, 34 CLC (AD)

....e, is against the judgment and order dated March 27, 1997 of a Single Bench of the High Court Division in Civil Revision No.7646 of 1991 making the Rule absolute upon setting aside the judgment and decree dated February 19, 1991 of the Court of District Judge, Jessore, in Title Appeal No. 92 of 1......cussions made hereinabove we are of the view the appeal has merit. Accordingly the appeal is allowed with costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 202. ..

Category: Property Law | Date: | Hits: 24