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Serjuddowla Sowdagor Vs. Administrator of Waqf & others, 2004, 33 CLC (AD)
.... (respondent Nos. 3 and 4 herein) have no right to receive money of Mazar Sharif. 5. The suit of the respondent Nos.3 and 4 was dismissed and the suit of the present appellant and others was decreed. As against the judgments of the trial court respondent Nos. 3 and 4 filed Other Appe......cordingly, the appeal is allowed without any order as to cost. The writ petition is sent back to the High Court Division for disposal on merit and in accordance with law. Ed. ..Category: Trust/Waqf Law | Date: | Hits: 190
Abdul Noor (Md) @ Cunnu Mia & another Vs. Makhan Mia @ Md Laisuzzaman and others, 2008, 37 CLC (AD)
....-2-1997 passed by the High Court Division in First Appeal Nos. 32, 92 and 147 of 1994). Judgment MM Ruhul Amin J.- These three appeals by leave are directed against the judgment and decree dated 24-2-1997 passed by a Division Bench of the High Court Division in First Appeal Nos. ......ot at all tenable in the eye of law. All the appeals are, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 39. ..Category: Property Law | Date: | Hits: 48
Golden Re-Rolling Ind. Ltd Vs. Sub Judge, Artha Rin Adalat No. 1 Dhaka & anr, 2008, 37 CLC (AD)
....er filed written statement denying the allegations made in the plaint. The suit was then fixed for peremptory hearing on different dates but the defendant did not appear and the suit was ultimately decreed ex-partes for Taka 6,50,30,034.18 to be paid within 90 days with interest @ 14% from 1-4-19......do not find any cogent reason to take a different view in the instant case. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD)(2008) 38. ..Category: Civil Law | Date: | Hits: 115
Harun-or-Rashid (Md.) Vs. Pubali Bank Ltd. and others, 2008, 37 CLC (AD)
....ha Rin Adalat Ain, 1990 which reads as under: in Bengali 9. Section 7 of the Artha Rin Adalat Ain, 1990 provides that when a contested or ex-parte judgment results in a decree, party aggrieved by such decree shall have a remedy by way of appeal before the High Court D......accordingly, set aside. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 18. ..Category: Banking Law | Date: | Hits: 157
Abdul Awal and others Vs. Narayan Chandra Das, 2008, 37 CLC (AD)
....nt. The defendant got the land mutated in his name and possession on payment of rent to the Government. 4. The learned Joint District Judge, 2nd Court, Narayangonj, after hearing the parties decreed the suit on 31.12.2002 in favour of the plaintiff and directed the plaintiff to file a peti......of justice. 10. In view of the above, we do not find any substance in the submissions of the learned Advocate for the petitioner. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 28
Md. Suruzzman Vs. Md. Ahamed Ali and others, 2008, 37 CLC (AD)
....tioners seek Leave to Appeal against the judgment and order dated 26.06,2004 passed by the High Court Division in Civil Revision No. 2103 of 1992 making the Rule absolute reversing the judgment and decree dated 30.04.1992 passed by the Senior Assistant Judge, Nalitabari in Other Class Suit No. 9...... the possession. 7. In view of the above, we find no substance in the submissions of the learned Advocate for the petitioner. Accordingly, this application is dismissed. Ed. ..Category: Property Law | Date: | Hits: 51
Messrs N. F. M. Universal Estate Ltd. Vs. A. N. M. Obaidul Islam, 2008, 37 CLC (AD)
....ul Matin J. - This petition for leave to appeal is directed against the judgment and order dated 20.04.2004 passed by the High Court Division in First Appeal No. 68 of 2002 affirming the judgment and decree dated 23.11.2001 passed by the Joint District Judge, 5th Court, Dhaka in Title Suit No.135 of......caused any failure of justice. In view of our discussions as above we find no merit in this petition which is accordingly dismissed. Ed. This Case is also Reported in: 20 BLT (AD) (2012) 10. ..Category: Property Law | Date: | Hits: 75
Md. Ujir Biswas and another Vs. Md. Karim Box Sardar & others, 2008, 37 CLC (AD)
....ed against the judgment and order dated 03.12.2001 passed by a Single Bench of the High Court Division in Civil Revision No.1453 of 1997 discharging the Rule and thereby affirming the judgment and decree dated 17.10.1996 passed by the learned Subordinate Judge (now Joint District Judge), 2nd Cou...... contending, inter alia, that Bodiullah had 8 annas share in 'Ka' schedule land and he was sole owner of 'Kha' schedule land and he orally gifted his entire share to his wife Bittah Bewa in lieu of dower money and delivered possession to her. Bittah Bewa transferred her entire share i.e. suit la..Category: Property Law | Date: | Hits: 39
Joynab Begum and others Vs. Shaheb Ali Akunji & others , 2007, 36 CLC (AD)
.... by leave, is directed against the judgment and order dated 9-8-2000 of the High Court Division passed in Civil Revision No. 3175 of 1993 making absolute the Rule obtained against the judgment and decree dated 21-8-1993 of the learned Additional District Judge, Bagerhat passed in Title Appeal No...... Court Division being not sustainable is liable to be set aside. Accordingly the appeal is allowed with cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 14. ..Category: Property Law | Date: | Hits: 41
Rabeya Khatoon Vs. Bangladesh, 2008, 37 CLC (AD)
....t No.3 also filed another written statements more or less on the same line. 3. The learned Senior Assistant Judge, Jessore, on consideration of the materials on record by judgment and decree dated 20-4-1992 decreed the suit. Being aggrieved the plaintiff preferred Title Appeal No. 2......mity in the decision of the High Court Division so as to call for any interference. The petition is dismissed. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 9. ..Category: Property Law | Date: | Hits: 37
Shubra Nandi Majumdar Vs. Begum Mahmuda Khatoon, 1989, 18 CLC (AD)
....l. She is entitled to bring the suit for redress of her grievance for breach of contract and she has already filed the suit for specific performance of contract. If she succeeds then the suit will be decreed and it could be executed against the executor of the will. Therefore, she is not deprived of......different view. In the result, the appeal is allowed and the judgment and order of the High Court Division is set aside. No cost. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 133. ..Category: Property Law | Date: | Hits: 80
Kazi Shamsul Huq & others Vs. Robeya Begum & others, 2006, 35 CLC (AD)
....plaintiffs instituted Title Suit No. 73 of 1976 in the 1st Court of Subordinate Judge (now Joint District Judge), Comilla for declaration of title and for recovery of khas possession. The suit was decreed on contest on 30.09.1980 and Title Execution Case No.18 of 1980 was filed for execution of ......r in the review application shall apply and the provision of Article 182(5) of the Limitation Act is not applicable. The appeal is accordingly allowed without any order as to costs. Ed. ..Category: Procedural Law | Date: | Hits: 93
Sonar Bangla Service Station Vs. Government of the People's Republic of BD, 2006, 35 CLC (AD)
....o. 5 dated 27.5.1992) in Title Appeal No. 150 of 1992 condoning the delay in filing the appeal and thereupon making order for registration of the appeal. The appeal was filed against the judgment and decree dated 14.8.1991 of the 1st Court of Assistant Judge, Dhaka in Title Suit No. 133 of 1991. The......doning the delay. 12. In the background of the discussions made hereinabove we find no substance in the petition. Accordingly the petition is dismissed. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 205
Sree Amulya Ratan Chowdhury& ors Vs. Sreemati Shaibalini Ghose & ors., 1998, 27 CLC (AD)
....sfer of property Act. 4. Other Suit No. 168 of 1985 of the plaintiffs' and the S.C.C. suits of the defendant were tried analogously and the learned Subordinate Judge by his judgment and decree dated 31.8.1988 dismissed the suit of the plaintiffs and decreed the S.C.C. suits of the def....... In view of the discussion made above we find no way but to dismiss these appeals. 17. In the result, therefore, the appeals are dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 106
Md. Umed Ali and another Vs. Mst. Hamida Khatoon and another, 1999, 28 CLC (AD)
....discharging the Rule in Civil Revision No. 8035 of 1991. 2. The plaintiffs instituted O.C. Suit No.116 of 1985 in the Court of the Subordinate Judge, Jamalpur for a declaration that the decree dated 9.1.84 passed in O. C. Suit No. 271 of 1982 of the said Court was fraudulent, void, in......lorem Court fee in the trial court for the said relief within 3(three) months from date. 13. The appeal is allowed in the above terms without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 103
Md. Sadequr Rahman Vs. Munawar Jute Mills Ltd. and others, 2006, 35 CLC (AD)
.... Judgment: M. M.Ruhul Amin J.- This appeal by leave is directed against the judgment and decree dated 09.08.1998 passed by a Division Bench of the High Court Division in Writ Petition No.......d legal basis and as such not sustainable in law. The direction for refund is not legally sustainable. 14. The appeal is thus allowed without any order as to cost. Ed. ..Category: Employment/Service Law | Date: | Hits: 84
Md. Abdul Jalil Vs. Mosammat Shefali Begum and othÂers, 2006, 35 CLC (AD)
.... its Secretary Md. Abdul Jalil calls in question the legality of the judgment dated 6.1.1997 passed by the High Court Division in Civil Revision No.3254 of 1992 setting aside the judgment and decree dated 30.5.1992 of the Court of Subordinate Judge, Pabna in Other Class Appeal No. 34 of 198......ingly, the appeal is allowed with costs. The judgment dated 6.1.1997 passed in Civil Revision No. 3254 of 1992 is set aside. Ed. This Case is also Reported in: IV ADC (2007) 715. ..Category: Property Law | Date: | Hits: 39
Sree Sukhendu Nath Saha and others Vs. Hamangini Saha, 2006, 35 CLC (AD)
....appeal by leave against the judgment dated December 8, 1997 of a Single Bench of the High Court Division in Civil Revision No. 2419 of 1990 making the Rule absolute upon reversing the judgment and decree dated March 15, 1990 of the Court of Additional District Judge, Kushtia in Title Appeal No. ......fs in the land in suit. In view of the discussions made herein-above we find merit in the appeal. Accordingly the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 23
Abdul Mannan alias A. Mannan Vs. Mosammat Nurbanu & another, 2006, 35 CLC (AD)
....pports the evidence of P.Ws 1 and 2 strongly. We find no infirmity in the Judgment and order of the High Court Division. Accordingly, the criminal leave petition is dismissed. Ed. ...... the trial court to serve the remaining period of sentence. 2. The prosecution case is that the informant Mosammat Nurbanu got married to the accused petitioner A Mannan @ Abdul Mannan at a dower of TK. 17,000. After the marriage the informant lived with the accused petitioner peacefully ..Category: Criminal Law | Date: | Hits: 38
Satish Chandra Mondal Vs. Ayjuddin Gazi, 2006, 35 CLC (AD)
....ated in the records of the Revenue Department and has been paying rent regularly to the Government Acquired Estate and the original kabala was stolen from his house. 4. The trial court decreed the suit. On appeal being Title Appeal No. 142 of 1979 the court of appeal dismissed the ap......rcumstances was well justified to interfere with the same in revisional jurisdiction. For the reasons and discussions above the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 35
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