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Badal Chandra Das and others Vs. Amena Khatun, 2005, 34 CLC (AD)
.... by leave is 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 the judgment and decree dated 11.01.2001 of the Subordinate Judge and Artha Rin Adalat, Rajshahi in Title Appeal No.......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 da..Category: Property Law | Date: | Hits: 34
Mir Kalimuddin and others Vs. Md. Dukhi Mondal and others, 2003, 32 CLC (AD)
..... Nurul Amin, Advocate instructed by AKM Shahidul Huq, Advocate-on-Record — For Respondent No. 1. Civil Petition for Leave to Appeal No. 632 of 2002 (From the judgment and decree dated 5-2-2002 passed by the High Court Division in Second Appeal No. 205 of 1979). J......gh Court Division. We do not find any illegality or infirmity in the judgment of the High Court Division calling for our interference. The leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 35
Shahid Hossain Khan (Md) Vs. Abdul Bashed Lashkar and others, 2006, 35 CLC (AD)
....udgment and order dated January 18, 2001 of the Court of Assistant Judge, Nalchity, Jhalokathi in Title Suit No. 2 of 2001 rejecting the prayer for temporary injunction. The suit was filed seeking decree for permanent injunction restraining the defendant Nos. 2-10 from admitting girl students in...... decree of permanent injunction. 15. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 216
Kadam Rosul Silicate Works and others Vs. Sonali Bank, 1990, 19 CLC (AD)
....lowed with cost. The Code of Civil Procedure, 1908 (V of 1908), section 34(1) & (2) Admission of the appellant was limited upto the extent of principle amount. There is no indication in the decree that the respondent is entitled to any further interest on the principle amount till realizat......is set aside. The Money Execution case be struck off and the attachment of the appellants' property shall be deemed to be withdrawn. Ed. This case is also reported in: 42 DLR (AD) (1990) 294...Category: Banking Law | Date: | Hits: 134
Jashimuddin Kanchan (Md) Vs. Md. Ali Ashraf, 1990, 19 CLC (AD)
....eyond the scope of the revisional court to interfere with. Executants of the kabala Ext. 1 had no title to the land for transfer to the respondent. Thus both the appeals are allowed and judgement and decree of the High Court Division be set-aside……………(13) Cases Referred to: Nahar Ranj......ts and decrees of the High Court Division are set aside and those of the lower appellate Court are restored. No order as to cost. Ed. This case is also reported in: 42 DLR (AD) (1990) 289 ..Category: Property Law | Date: | Hits: 38
Upendra Chandra Rishi and ors. Vs. Sufia Begum and ors., 1990, 19 CLC (AD)
....idering the evidence adduced by the appellants not duly considered by the High Court Division and the trial court, it is convincingly proved that the defendant appellants came to know of the ex-parte decree for the first time on 20.7.1981. the miscellaneous case having been filed on 05.08.1989, the .......12.80 passed in Title Suit No. 789 of 1980 is set aside and the said suit is restored to its file and number. Ed. This case is also reported in: 42 DLR (AD) (1990) 285; 1990 BLD (AD) 194. ..Category: Procedural Law | Date: | Hits: 116
Ali Hussain Faraji & others Vs. Abdul Ali Pradhania @ Abul and another, 2007, 36 CLC (AD)
....urt Division in Civil Revision No. 28 of 2001) Judgment: Md. Tafazzul Islam, J. - This petition for leave to appeal is directed against the judgment and decree dated 24-6-2003 of the Single Bench of the High Court Division passed in Civil Revision No. ......The learned Counsel could not point out any illegality or infirmity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 33
Ambia Khatun and anr Vs. Syed Altaf Hossain and another, 1978, 7 CLC (AD)
....ion of the building which had been duly implemented. The plaintiff's suit was dismissed on the basis of the said finding. 4. On appeal, the learned Subordinate Judge modified the decree of the trial Court on the finding that there had been, as a matter of fact a contract for le...... of the Rent Control Ordinance, does not come within the mischief of either of the said provisions. We do not find any merit in this petition which is dismissed. Ed. ..Category: Property Law | Date: | Hits: 34
Syed Abdul Haque and other Vs. Surendra Nath Majumder & others, 2007, 36 CLC (AD)
....leave. The same is against the judgment dated June 13, 2000 of a Single Bench of the High Court Division in Civil Revision No. 1781 of 1990 making absolute the Rule upon reversing the judgment and decree dated June 9, 1990 of the Court of District Judge, Jhalakathi in Title Appeal No. 34 of 1988......sion has not committed any error in making the Rule absolute and thereupon setting aside the judgment of the appellate Court. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 52
Bangladesh Vs. Md. Shahabuddin and others, 2007, 36 CLC (AD)
....appeal is directed against the judgment dated March 14, 2005 of a Single Bench of the High Court Division in Civil Revision No. 2580 of 2000 making absolute the Rule obtained against the judgment and decree dated March 22, 2000 of the 1st Court of Subordinate Judge (now Joint District Judge) Kisho......d Advocate-on-Record failed to point out any error in the judgment of the High Court Division of the kind calling for interference by this Division. Accordingly, the petition is dismissed. Ed. ..Category: Tenancy Law | Date: | Hits: 156
AA Raziul Karim Chowdhury Vs. Nasim Bin Rahman & ors., 2007, 36 CLC (AD)
....ment: Md. Ruhul Amin J. - This appeal, by leave, is by the plaintiff against the judgment and decree dated April 9, 2003 of the High Court Division in First Appeal No. 186 of 1999 allowing the......iled the suit to get back the possession. In the light of the discussions made hereinabove we find merit in the appeal. Accordingly, the appeal is allowed with costs. Ed. ..Category: Property Law | Date: | Hits: 94
Bazlur Rahman Sarker Vs. Kamala Kanta Barman, 2007, 36 CLC (AD)
...., 2000 of a Single Bench of the High Court Division in Civil Revision No.414 of 1988 (Rangpur)/Civil Revision No. 7966 of 1991 (Dhaka) making absolute the Rule upon reversing the judgment and decree dated June 26, 1988 of the Court of Additional District Judge, Rangpur in Other Appeal ......n the instant case. In the background of the discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with costs at all stages. Ed. ..Category: Property Law | Date: | Hits: 35
Musammat Sokhina Khatun Vs. Mosammat Rowshanara Begum and others, 2006, 35 CLC (AD)
....d Assistant Judge dismissed the suit. The plaintiff petitioner preferred Title Appeal No. 187 of 2001 before the learned District Judge, Munshigonj who allowed the appeal by judgment and decree dated 02.02. 2003 reversing those of the trial court and thus decreed the suit. The responde......ame to a correct decision in making the rule absolute. We do not find any reason to interfere. In view of the discussion made above the leave petition stands dismissed. Ed. ..Category: Property Law | Date: | Hits: 37
Abdul Majid alias Mujibur Rahman Molla Vs. Md. Abdul Matin and others, 2006, 35 CLC (AD)
....appeal, by leave, against the judgment dated November 28, 2001 of a Single Bench of the High Court Division in Civil Revision No. 170 of 1995 discharging the Rule obtained against the judgment and decree dated November 13, 1994 of the 1st Court of Subordinate Judge (now Joint District Judge) Mag...... view expressed by us about the ground taken in the course of hearing we do not find any merit in the appeal. Accordingly the appeal is dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 38
Mohammad Enayet Rabbi Vs. Sree Sree Shoti Rani Kundho and another, 2006, 35 CLC (AD)
....1998 of a Single Bench of the High Court Division in Civil Order No. 3451 of 1998 rejecting the revisional application summarily. The revisional application was filed against the judgment and decree dated April 23, 1998 of the 1st Court of Subordinate Judge (now Joint District Judge), Nator......eed the suit. 10. In the background of the aforesaid discussions we do not find merit in the appeal. Accordingly the appeal is dismissed with cost of Tk. 5, 000/-. Ed. ..Category: Property Law | Date: | Hits: 28
Jobeda Bewa & others Vs. Md. Abdur Razzaque, 2006, 35 CLC (AD)
.... on record of the case, the learned Single Judge of the High Court Division due to its misconception of the provisions of section 42 of the Specific Relief Act, 1877 has set aside the judgment and decree of the courts below without reversing the concurrent finding of facts of the courts below af......ision. There is no cogent reason to interfere with the same. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 12 MLR (AD) 2007, 16. ..Category: Property Law | Date: | Hits: 33
Md. Baker Miah and others Vs. Shamsun Nahar Begum, 2006, 35 CLC (AD)
....endant Nos. 3 and 4 against the judgment dated August 21, 2001 of a Single Bench of the High Court Division in Civil Revision No. 4139 of 1999 discharging the Rule obtained against the judgment and decree dated May 9, 1999 of the 2nd Additional Court of Assistant Judge, Dhaka in Title Suit No. 26......ssession in the land in suit. In the background of the aforesaid discussions we find no merit in the appeal. Accordingly the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 25
Anath Bandhu Guha & Sons Ltd. Vs. Babu Sudhangshu Shekhar Halder, 1990, 19 CLC (AD)
....lso invalid. The attorney Md. Sirajul Huq will have to take adequate steps in an appropriate forum for setting aside the order of cancellation of validation dated 12.1.89 and obtain a declaratory decree to that effect. The SCC Court has no jurisdiction to give such declaration, the learned Jud......y suffers from an error of law and it is accordingly set aside. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 244. ..Category: Property Law | Date: | Hits: 118
Parveen Banu @ Purnima & others Vs. Bangladesh House Building Finance Corporation, 1990, 19 CLC (AD)
....aintiffs elected to relinquish all the reliefs except one by amendment of the plaint so they are bound by the principle of estoppels and debarred to raise the claim already voluntarily abandoned. The decree being obtained on understanding and consent of the parties, appeal do not lie from such decre......gment and decree as they are. In view of the discussion above, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 234. ..Category: Property Law | Date: | Hits: 95
Al-haj Ahmed Hossain Khan Vs. Rezaur Rahman and others, 1990, 19 CLC (AD)
....brothers, Mustafa Kamal and Latifur Rahman, JJ, I concur with the judgment of Mustafa Kamal, J. Mustafa Kamal J. This appeal by the plaintiff, following leave, is from the appellate judgment and decree dated 3.12.84 passed by a Division Bench of the Chittagong Bench of the High Court Division i...... order as to costs. Order of the Court. By the majority decision, the appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 225. ..Category: Property Law | Date: | Hits: 50
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