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Abeda Khatun and others Vs. Md. Idris Mia and others, 2010, 39 CLC (HCD)
....rieved the plaintiffs as appellants preferred Title Appeal No.207 of 1992 in the Court of learned District Judge, Comilla. After contested hearing, the learned District Judge allowed the appeal and decreed the suit vide judgment and decree dated 4.5.1996 Against the said judgment and decree, the ......order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 308. ..Category: Procedural Law | Date: 14 Jul, 2010 | Hits: 3
Ziaur Rahman (Md.) Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
....ion 34 of the Artha Rin Adalat Ain, 2003 has empowered the Adalat to detain the Judgment-debtors in Civil jail for a maximum period of 6(six) months for the purpose making them compelled to pay the decreetal money and the Adalat, after passing order for such Civil imprisonment, can issue warrant o......law and in the light of observations made above. The order of stay granted at the time of issuance of rule stands vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 189. ..Category: Civil Law | Date: 14 Jul, 2010 | Hits: 48
AL-Arafah Islami Bank Limited Vs. M/S. Nobel Enterprise, 2010, 39 CLC (HCD)
....dismissing Money Execution Case No.01 of 2004 as not maintainable and to return the case record to the Court of District Judge respectively. 2. Material facts are that the opposite party-plaintiff-decree holder obtained a decree on 27-03-2001 in Civil Suit No.619 of 1999 in the High Court of Kolk......on Case No. of 2004 within four months from the date of receipt of this order. Office is directed to send down the record at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 351. ..Category: Procedural Law | Date: 12 Jul, 2010 | Hits: 28
Kohinoor Chemical Co. (BD) Limited Vs. Unilever Bangladesh Limited, 2010, 39 CLC (HCD)
....ed Title suit No.1 of 2009 in the Court of District Judge, Dhaka against defendant under Section 96 read with section 24(2) of the Trade Marks Act, 2009 seeking following relieves: (a) to pass a decree for permanent injunction restraining the defendant from manufacturing, marketing, distributin...... aforesaid observations Civil Rule No.931 (FM) of 2009 is disposed of. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 60. ..Category: Intellectual Property Law | Date: 11 Jul, 2010 | Hits: 269
..... Powers. Cambridge, Mass: Harvard University Press, 1996), Ms. Sara Hossain quotes a few lines as under:
"A Fatwa is an opinion; only an expert can give it. A Fatwa, even if by an expert is not a decree; it is not binding on the Court or the state. The Mufti has no authority to punish or impose ......al property inherited or obtained under contract or gift or any other provision of Personal Law, marriage, dissolution of marriage, including talaq, ila, zihar, lian, khula and mubaraat, maintenance, dower, guardianship, gifts, trusts and trust properties, and waqfs (other than charities and charita..
Category: Women and Children | Date: 8 Jul, 2010 | Hits: 335
Dhirendra Nath Mondal Vs. Agrani Bank Ltd and others, 2010, 39 CLC (HCD)
.... Result: The appeal is dismissed. Section5-7 of Artha Rin Adalat Ain, 1990 enjoys immunity from challenge Sections 5-7 of the Artha Adalat Ain, 1990 provides that, no judgment and decree passed by the Artha Rin Adalat can be challenged in any court of authority excepting filing a......3 of 2001 is hereby affirmed. However, there will be no order as to costs. Send down the lower Court's record at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 301. ..Category: Civil Law | Date: 7 Jun, 2010 | Hits: 6
Roshanally Mohamed Harji and another Vs. AKM Zakir Hossain and another, 2010, 39 CLC (HCD)
....d. In a suit for specific performance of a contract, the prime consideration is the bainapatra i.e. the agreement itself. If it is found that the bainapatra is executable then next, a decree must be awarded for execution and registration of the same. If there be any ambiguity in exe......ut any order as to costs. Sent down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 16 BLC (HCD) (2011) 85; 20 BLT (HCD) (2012) 532 . ..Category: Property Law | Date: 12 May, 2010 | Hits: 133
Bangladesh Vs. Raj Rajashore Cakra Narayan Jiue Deity and others, 2010, 39 CLC (HCD)
.... - For the Appellant. First Appeal No.117 of 1990. Judgment Md. Rais Uddin J.- This First Appeal has been presented by the defendant Government appellant against the judgment and decree dated 31.12.1985 passed by the learned Joint District Judge, Sirajgonj in Other Class Suit No......er Class Suit No.398 of 1981 is hereby affirmed. Send down the lower Court records at once. Shahidul Islam J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 340. ..Category: Evidence Law | Date: 10 May, 2010 | Hits: 161
Abdul Qadir and others Vs. Government of Bangladesh and others, 2010, 39 CLC (HCD)
....nj in Miscellaneous Case No.8 of 2006 allowing an application under Order IX Rule 13 of the Code of Civil Procedure and thereby restoring Title Suit No.241 of 1999 after setting aside the ex-parte decree dated 24.6.2008 should not be set-aside. 2. Relevant facts, in short, are that the pres......ervation made above. The order of stay granted earlier by this Court stands vacated. Communicate this Judgment at once. Ed. This Case is also Reported in: 15 MLR (HCD) (2010) 473. ..Category: Procedural Law | Date: 28 Apr, 2010 | Hits: 4
Amina Khatun and others Vs. State and others, 2010, 39 CLC (HCD)
....legal foundation for enlisting the suit property in the census report of the vested property and the plaintiffs led some evidence in support of their interest in the suit property the Appellate Court decreed the suit on correct view of law......(8) To be vested a property must have factual basi......n Title Suit No.351 of 1994 is set-aside. Title Suit No.351 of 1994 is decreed. Send down the lower Court records at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 106. ..Category: Property Law | Date: 26 Apr, 2010 | Hits: 9
Md. Osman Gani alias Faruq Mia Vs. Deputy Commissioner and others, 2010, 39 CLC (HCD)
....the Government where there is an allegation that summons were shown to have been served upon them…………………………….(11) The onus lies upon the plaintiff who obtained ex parte decree to prove that summons upon the defendants were duly served. When it is established to the sa....... Office is directed to communicate the order at once. Syed Md. Ziaul Karim J.- I Agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 179; 18 BLT (HCD) (2010) 311 . ..Category: Procedural Law | Date: 6 Apr, 2010 | Hits: 111
Abdur Rouf Chowdhury (Md.) Vs. Mirza Shahabuddin Ispahani and others, 2010, 39 CLC (HCD)
.... Fida M Karnal, Advocate—For the Respondents. First Appeal No.164 of 2004. Judgment Sharif Uddin Chaklader J. - This appeal by the defendant is directed against judgment and decree dated 17-3-2004 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title ....... 44. In the result, the appeal is dismissed. Send down the lower Court record. Communicate this order at once. Ed. This Case is also Reported in: 18 BLC (HCD) (2013) 323. ..Category: Procedural Law | Date: 10 Mar, 2010 | Hits: 13
Dr. Md. Nazimuddin and others Vs. Md. Abdur Rahman Siddique and others, 2010, 39 CLC (HCD)
....tion of the Act.………………(12, 14, 15) Jurisdiction of the Bankruptcy Court The legislature has not given any jurisdiction to the Bankruptcy Court to try any suit or execute any decree arising out of normal civil suit. So far the question of jurisdiction of the Bankruptcy Cour......ower Court's record at once. Let a copy of the judgment be transmitted to the Courts concerned at their respective station. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 305. ..Category: Civil Law | Date: 25 Feb, 2010 | Hits: 7
....
Judgment
Faruque Ahmed J.- This
rule at the instance of the defendant petitioners was issued calling upon the
opposite parties No.1 and 2 to show cause as to why the impugned judgment and
decree dated 22.09.2005 passed by the learned Additional District Judge, 1st
Court, Dhaka in Title ......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.
..
Category: Property Law | Date: 6 Jan, 2010 | Hits: 8
Paresh Chandra Biswas Vs. Sree Sree Shashan Kalimata Idol and others, 2009, 38 CLC (HCD)
....e said deed which is shrouded with mystery. The learned Additional District Judge, however, having found sufficient evidence on record regarding mismanagement in the affairs of the Debottor property, decreed the suit in part with clear findings that the defendant has been acting against the interest......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. ..Category: Others, Property Law | Date: 16 Dec, 2009 | Hits: 94
....of the Trail Court affirmed the judgment and order of
the Trial Court, thereby, preemption was allowed by the District Judge.
9. The pre-emptee being
dissatisfied further with the judgment and decree passed by the Appellate Court
filed this revisional application under section 115 of the Cod......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.
..
Category: Property Law | Date: 25 Aug, 2009 | Hits: 3
Shamsul Hossain Vs. Anwar Hossain and others, 2009, 38 CLC (HCD)
..... 330 of 1999 by Government of Bangladesh, represented by Secretary, Ministry of Jute Corporation directed against a single Judgment passed by the learned Sub-ordinate Judge, first Court, Narayangonj decreeing Title Suit No. 10 of 1997 in part as: — অত্র মোকদ্দমা......st Appeal No. 48 of 1999 with First Appeal No. 330 of 1999 are allowed. No costs. Send down the lower Court Records at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 74 ..Category: Property Law | Date: 20 Aug, 2009 | Hits: 3
Sree Ashish Kumar Shaha Roy Vs. Al-Haj Md. Wasidul Islam and others, 2009, 38 CLC (AD)
....the a Division Bench of the High Court Division in Civil Order No. 1775 of 2008 summarily rejecting an application filed under Section 115(1) of the Code of Civil Procedure affirming the judgment and decree dated 17.10.2007 passed by the Second Court of the Joint District Judge, Mymenshing in Other ...... 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. ..Category: Property Law | Date: 23 Jul, 2009 | Hits: 6
....p;
Civil Revision No.1730 of 1998.
Judgment
Syed Md. Ziaul Karim J.—This Rule at the instance of defendant petitioner calls in question the legality and propriety of judgment and decree dated 18-03-1998 passed by learned Senior Assistant Judge, third Court, Dhaka, decreeing S.C....... 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.
..
Category: Tenancy Law | Date: 5 Jul, 2009 | Hits: 154
Most. Abu Tara Vs. Md. Abdur Rahim Khan and others, 2009, 38 CLC (HCD)
.... No.1. Civil Revision No.284 of 2005. Judgment Syed Abu Kowser Md. Dabirush Shan J.- This rule was issued calling upon the opposite party No.1 to show cause as to why the Judgment and decree dated 30.10.2004 and 6-11-2004 respectively passed by the learned Additional District Judge, ...... 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. ..Category: Evidence Law | Date: 25 Jun, 2009 | Hits: 42
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