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City Bank Ltd. Vs. Artha Rin Adalat No.1 Dhaka and others, 2008, 37 CLC (HCD)
....sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ......ion (Special Original Jurisdiction) Present: Zinat Ara J Sheikh Abdul Awal J City Bank Ltd…………………………Petitioner Vs. Artha Rin Adalat No.1 Dhaka and others………………………..Respondents Judgment June 17, 2008. Result: ......sult, the Rule is discharged without any order as to cost. The order of stay granted earlier by this Court stands vacated. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 911. ...... office at 10, Dilkusha C/A (Jiban Bima Tower), Dhaka. The petitioner-City Bank Ltd has been doing banking business by its various branches throughout the country. Respondent No.2, Agrani Bank as a plaintiff instituted the Artha Rin Suit No.470 of 2004 in the Artha Rin Adalat No.1, Dhaka (herein..Category: Civil Law | Date: 17 Jun, 2008 | Hits: 7
Nadia Khalil Vs. Rudess Karim, 2008, 37 CLC (HCD)
.... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ......) Custody of a minor child In order to ascertaining the custody of a minor child the paramount consideration is the welfare of the child, apart from the legal rights of the father and mother………….(39) Cases Referred to- Abdul Jalil and others Vs. Mrs. Sharon La...... However, there shall be no order as to costs. Let a copy of the judgment be sent down to the courts below at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 599. ......Bhuiyan, Advocate-For the Opposite Party. Civil Revision No.1568 of 2008. Judgment AFM Abdur Rahman J.- On an application under Section 115 (1) of the Code of Civil Procedure, the plaintiff-respondent-petitioner Nadia Khalil obtained this rule on 05.05.2008 challenging the legal..Category: Family Law | Date: 17 Jun, 2008 | Hits: 19
Abul Kashem-al-Asad Vs. Abdul Muhib and others, 2008, 37 CLC (HCD)
....rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ...... (Civil Revisional Jurisdiction) Present: MA Wahhab Miah J Afzal Hossain Ahmed J Abul Kashem-al-Asad……………………… Petitioner Vs. Abdul Muhib and others……………… Opposite Parties Judgment May 28, 2008. Result: Th......rt of Joint District Judge Second Court, Sylhet is rejected. No order as to costs. Communicate the order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 502. ......Court, Sylhet in Title Suit No. 22 of 1998 should not be set aside and/or pass such other or further order or orders as to this Court may seem fit and proper. 2. Opposite party’s No. 1-6 as plaintiffs filed the said Suit in the Court of Subordinate Judge, 2nd Court, Sylhet for partitio..Category: Procedural Law | Date: 28 May, 2008 | Hits: 5
Hormuz Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......p;…Opposite Parties Judgment May 26, 2008. Result: The Rule is discharged. It is an admitted legal position that there is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be ......s from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 271. ......d earlier by metes and bounds. It need not be discussed by wasting so many pages that the cause of action for filing a suit for partition arises when the other co-sharer or co-sharers refuse the plaintiff to give his due share from the ejmali property. And the cause of action for filing a suit ..Category: Property Law | Date: 26 May, 2008 | Hits: 3
Harmuj Sikder & others Vs. Ayub Ali Sikder & others, 2008, 37 CLC (HCD)
....preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......ction to bring a suit for partition subsists even after dismissal of the earlier suit for default under rule 8 of Order 9 of the Code. There is no limitation for filing a suit for partition and unless there is a total ouster of the right of a co-sharer from the ejmali property he shall be......preferably within 6(six) months from the date of receipt of this judgment. There will be no order as to costs. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 457. ......the properties sought to be partitioned, if not partitioned earlier by metes and bounds. The cause of action for filing a suit for partition arises when the other co-sharer or co-sharers refuse the plaintiff to give his due share from the ejmali property. And the cause of action for filing a sui..Category: Property Law | Date: 26 May, 2008 | Hits: 7
Zakir Hossain and another Vs. Md. Yousuf Kabir and others, 2008, 37 CLC (HCD)
....s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......d in: 29 BLD (HCD) (2009) 347. ......s confirmed. There will be no order as to costs. Send down the lower court's record immediately. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 347. ......irected against the judgment and decree dated 31.03.2004 passed by the learned Joint District Judge, 2nd Court, Dhaka in Title Suit No.59 of 1994 decreeing the suit. 2. Respondent Nos.1 and 2 as plaintiffs filed the said title suit in the Court of Joint District Judge, 2nd Court, Dhaka for decl..Category: Property Law | Date: 13 May, 2008 | Hits: 5
Shrimp and Fish Processing Plant Ltd. Vs. National Bank Limited and others, 2008, 37 CLC (HCD)
....he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......lso Reported in: 28 BLD (HCD) (2008) 503. ......he order of stay granted earlier by this Court stands vacated. Communicate the order to the Adalat concerned at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 503. ......ith section 151 of the CPC should not be declared to have been made without lawful authority and is of no legal effect. 2. The fact in brief is that the respondent No.2, National Bank Ltd. as plaintiff instituted Money Suit No.14 of 2002 in the 1st Artha Rin Adalat, Chittagong against t..Category: Procedural Law | Date: 4 May, 2008 | Hits: 9
Jewel Cotton Spinning and Weaving Mills Ltd. Vs. Bangladesh & others, 2008, 37 CLC (HCD)
....d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......s also Reported in: 13 BLC (HCD) (2008) 572. ......d with cost. The trial Court is directed to dispose of the suit preferably within three months from the date of receipt of the order. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 572. ......lat, Natore (Respondent No.2) in Artha Rin Adalat Case No.40 of 2004 rejecting the application of the petitioner filed under section 17(1) (2) of the Artha Rin Adalat Ain, 2003 and also exempting the plaintiff in filing the documents. 3. The respondent No.4, Bank filed Other Class Suit No.59 of 1..Category: Civil Law | Date: 24 Apr, 2008 | Hits: 62
Chairman, Bangladesh Water Development Board Vs. Md. Abdur Rahman, 2008, 37 CLC (HCD)
....he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ...... excluded, the Civil Courts have jurisdiction to examine cases whether the provisions of any Act have not been complied with when there is allegation of violation of the rules or procedures, maladies and arbitrariness. Civil Court under section 9 of the Code of Civil Procedure is competent to entert......he Courts below stand maintained. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in:61 DLR (HCD) (2009) 42. ......dge, Sadar, Kurigram in Other Suit No. 35 of 1999 should not be set aside and, or, such other or further order or orders pass as to this Court may seem fit and proper. 2. Opposite Party No. 1 as plaintiff filed Other Suit No. 35 of 1999 in the Court of Assistant Judge, Sadar, Kurigram impleadin..Category: Employment/Service Law | Date: 24 Apr, 2008 | Hits: 50
M. Shafuqul Alam and others Vs. Qazi Rafiq Ahmed and others, 2006, 35 CLC (HCD)
....ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......e is also Reported in: 14 MLR (HCD) (2009) 476. ......ed. Communicate the order at once to the Court of learned Senior Assistant Judge, Sylhet for his information and necessary action. Ed. This Case is also Reported in: 14 MLR (HCD) (2009) 476. ......ed 'the Code') for withdrawal of Title Suit No.56 of 1998 from the Court of learned Senior Assistant Judge, Sylhet for transferring it to any other competent Court of jurisdiction in Dhaka. 2. The plaintiff opposite party instituted, the aforesaid Title Suit No.56 of 1998 in the Court of learned ..Category: Procedural Law | Date: 12 Apr, 2008 | Hits: 40
Khandaker Mahmud Hasan Vs. Amirul Islam, 2008, 37 CLC (HCD)
....hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ......hop premises within 4(four) months from date. Let a copy of the judgment along with LC record be send down at once. Ed. This Case is also Reported in: 28 BLD (HCD) (2008) 202. ...... No.3 of 1999 dismissing the suit for ejectment of monthly tenant shall not be set aside. 2. The facts relevant for the purpose of disposal of this Rule are as follows: 3. The petitioner as plaintiff filed S.S.C. Suit No.3 of 1999 in the Court of Subordinate Judge, 1st Court, Dhaka against..Category: Tenancy Law | Date: 27 Mar, 2008 | Hits: 13
Kazi Ali Ahmed Vs. Mohammad Nurunnabi and others, 2008, 37 CLC (HCD)
....Court at the time of issuance of 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: 30 BLD (HCD) (2010) 300. ......dgment here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Kazi Ali Ahmed………………………Petitioner Vs. Mohammad Nurunnabi and others……………………………..Opposite Parties Judgment March 5, 2008. Resu......Court at the time of issuance of 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: 30 BLD (HCD) (2010) 300. ......l reversing the judgment and decree dated 6.6.2004 and 13.6.2004 respectively passed by the learned Senior Assistant Judge, Narayanganj in Title Suit No.106 of 2001 should not be set aside. 2. The plaintiffs-appellant-petitioner instituted a title suit for declaration of decree of the Title suit ..Category: Property Law | Date: 5 Mar, 2008 | Hits: 28
Abdul Khaleque and others Vs. Akhtaruzzaman Mia and others, 2008, 37 CLC (HCD)
....rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......also Reported in: 13 MLR (HCD) (2008) 193. ......rder of stay as granted at the time of the issuance of the rule is vacated. Send down the lower court records. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 193. ......nchagar in Other Appeal No.10 of 2005 affirming those dated 12.1.05 passed by the, learned Assistant Judge, Atowari, Panchagar in Other Class Suit No.19 of 2003 decreeing the suit in favour of the plaintiff should not be set aside and or pass such other or further order or orders as to this cour..Category: Property Law | Date: 18 Feb, 2008 | Hits: 7
Sefina Ferdousi @ Shimla and another Vs. Jaohar Kabir and others, 2008, 37 CLC (HCD)
....wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ...... Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......wer Court's Record to the Courts below at once. Communicate the judgment to the Courts below immediately. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 434; 61 DLR (HCD) (2009) 86. ......and or pass such other order or orders may seem fit and proper. 2. The question which falls for determination in this Rule is whether the custody of the child should be restored to his father, the plaintiff-opposite party No.1 (hereinafter referred to as "opposite party".) 3. For disposal of t..Category: Women and Children | Date: 3 Feb, 2008 | Hits: 142
Abdul Latif (Md.) Vs. Mohammad Ali, 2008, 37 CLC (HCD)
....rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ......osite Parties Judgment January 28, 2008. Result: The Rule is discharged without any order as to costs. In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as ......rts below stand maintained. Send down the lower Court records and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 804. ....... In a Partition Suit, disputed questions of title may be involved and such questions are to be decided by the Court trying the suit. A mere denial by a defendant as to the title of the plaintiff in any portion of the property in a Partition Suit would not convert a Partition Suit int..Category: Property Law | Date: 28 Jan, 2008 | Hits: 31
Ilias (Md.) Vs. Md. Zahed Chowdhury (Paban), 2008, 37 CLC (HCD)
....he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......an)......................Opposite Parties Judgment January 28, 2008. Result: The Rule is made absolute. Before a Court of law no party should receive any special treatment, and if such kind of treatment is allowed that would definitely shake the faith of the litigant peo......he Court order in filing the documents as relied upon by the plaintiffs in the plaint. There will be no order as to costs. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 76. ......ould not be set aside and or pass such other or further order or orders as to this Court may seem fit and proper. 2. Facts necessary for disposal of this Rule are that opposite party Nos. 1-8 as plaintiffs instituted Title Suit No. 309 of 1996 in the Court of Subordinate Judge, First Court, Dha..Category: Procedural Law | Date: 28 Jan, 2008 | Hits: 210
Gopal Chandra Das and others Vs. Nikunja Behari Sukra Das and others, 2008, 37 CLC (HCD)
.... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......Case is also Reported in: 61 DLR (HCD) (2009) 509. ...... made absolute without any order as to the costs. Lower Court record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 509. ......ecree dated 20-7-86 and 24-7-86 respectively passed by the Munsif, Bandar Upazila, Narayanganj, in Title Suit No. 38 of 1985 dismissing the suit should not be set aside. 2. The petitioners as plaintiff filed the Title Suit No. 34 of 1985 for declaration of title in the suit land stating, in..Category: Property Law | Date: 7 Jan, 2008 | Hits: 9
Fairdeal Marine Services, Fujairah, U.A.E Vs. M.V. PELEAS K and others, 2007, 36 CLC (HCD)
....mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......hellip;…………………………………………………..Petitioner Vs. M.V. PELEAS K and others………………………Opposite Parties ......mentioned and specified in Schedule 'A' to the application is hereby necessarily recalled and vacated. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 17. ......n opportunity to consider the same upon going through any oral and documentary evidence as may have been adduced and produced by the Opposite Party No.5 as a named defendant and in turn providing the plaintiff an opportunity to cross-examine the Opposite Party No.5, Mr. Siddique points out that upon..Category: Admiralty Law or Maritime Law | Date: 6 Dec, 2007 | Hits: 19
Mainul Alam Vs. Anjera Begum, 2007, 36 CLC (HCD)
.... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ......lt: The review petition is allowed. The Code of Civil Procedure, 1898 (Act No. V of 1898) Order XLVII, rule 1 Review The scope to review a judgment is very limited and until and unless it comes within the four corners of the ingredients specified in Order XLVII, ...... retransferred to the Court of the Senior Assistant Judge, Bhola. Intimate both the Courts below for necessary action. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 935. ......oints were considered, then the face of the Miscellaneous case would have been otherwise. He submitted that the observation of this Court that the petitioner of Miscellaneous Case No.37 of 2006 (plaintiff of Title Suit No.142 of 2000) is a resident of another place is erroneous. To that effect..Category: Procedural Law | Date: 27 Nov, 2007 | Hits: 2
Salima Akter Niluma Banu Vs. Shahin Shakhider and others, 2007, 36 CLC (HCD)
....6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......ion) Present: Syed Md. Ziaul Karim J Salima Akter Niluma Banu………………………….Petitioner Vs. Shahin Shakhider and others…………………….Opposite Parties Jud......6(six) months from the date of receipt of this judgment and order. Send down the records of this case at once. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 140. ......lass Suit No.58 of 2004, rejecting the plaint of the suit under Order VII Rule 11(d) of the Code of Civil Procedure. 2. Short facts leading to this Rule, are that on 01-07-2004 the petitioner as plaintiff instituted Other Class Suit no.58 of 2004 in the Court of Senior Assistant Judge, Joypurha..Category: Civil Law | Date: 12 Sep, 2007 | Hits: 3
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