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Ali Akbar (Md) Vs. Shajirannessa Bewa and others, 2006, 35 CLC (AD)
....y 11, 1999 of a Single Bench of the High Court Division in Civil Order No.1451 of 1999 dismissing the revisional application summarily. The revisional application was filed against the judgment and decree dated October 18, 1998 of the 3rd Court of Subordinate Judge (now Joint District Judge......nsidered unsustainable. 14. In the background of our discussions made hereinabove we find no merit in the appeal. Accordingly, the appeal is dismissed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 26
AKM Shamsuddin alias Kalam Doctor and other Vs. State, 2006, 35 CLC (AD)
....t appears that the process server while went to the place of occurrence was resisted by the accused petitioners when the former went to give delivery of possession of the suit property pursuant to decree of the Court and they also by force obstructed the process server in discharging his public ......ave perused the impugned judgment and order of the High Court Division and on the reasons stated above we do not find any error therein. The criminal petition is therefore dismissed. Ed. ..Category: Criminal Law | Date: | Hits: 46
Paper Converting & Packaging Ltd. Vs. Govt. of the People’s Repub of BD and ors, 2006, 35 CLC (AD)
....or leave to appeal is hereby condoned for the reasons stated in the application for condonation of delay. 2. The plaintiff-petitioner seeks leave to appeal against the impugned judgment and decree dated 13-5-2001 passed by the High Court Division in First Appeal No. 97 of 1990 setting asi...... been accrued to the plaintiff-petitioner in respect of the same for any declaration or any permanent injunction as sought for in the instant suit. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 93
Bangladesh House Building Finance Corporation Vs. Abdul Mannan, 1989, 18 CLC (AD)
....follows:— Plaintiffs filed Other Suit No.147 of 1981 against the appellant House Building Finance Corporation in the 1st Court of Munsif, Sadar, Chittagong for a declaration that; (a) that a decree be passed declaring that the plaintiff and other loanees of the defendant No.1 for the Multi-......here. There is no scope for advancing any argument on supposed notions. In the result, therefore, this appeal is allowed with cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 143. ..Category: Property Law | Date: | Hits: 41
Syed Nizamuddin Mohsin Vs. People's Republic of Bangladesh, 1989, 18 CLC (AD)
....ha since 1335 B.S. and it partly reformed after long 39 years in 1374 B.S. and that the suit was barred under section 86 of the Act. 4. The learned Subordinate Judge accepting the plaintiffs' case decreed that suit by judgment dated 7.8.73. On appeal by the Government, the learned Additional Dist......answer to the question raised in this case is in the affirmative. The appeal is, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 141 ..Category: Property Law | Date: | Hits: 42
Maria Keshi D'Rozario Vs. Hassan Movies Ltd., 1989, 18 CLC (AD)
....tructed by Sharifuddin Chaklader, Advocate-on-Record — For the Respondent. Civil Appeal No. 4 of 1988. Judgement: Shahabuddin Ahmed J. — This appeal by special leave calls in question a decree for ejectment of the appellant-tenant, passed by the Subordinate Judge and maintained, in...... do not think that these are not deposits in the eye of law. In the result, the appeal is allowed without, however, any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 135..Category: Property Law | Date: | Hits: 45
Samiruddin Ahmed alias Samir Mia alias Md. Samiruddin Vs. State, 1987, 16 CLC (AD)
....t Abdul Majid for permanent injunction in 1978 and obtained ad-interim injunction on 5.4.78 by which the said Abdul Majid was restrained from entering into the suit land. The suit itself has been decreed on 19.1.84 after the trial was over. The appellant's possession in the disputed holding havi......lowed. The impugned orders of conviction and sentence as also that of restoration of possession arc set aside. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 129, 1988 BLD (AD) 157. ..Category: Criminal Law | Date: | Hits: 59
ADC, Revenue and Assis. Custodian Vested Property, Chandpur Vs. Tafurnessa, 1989, 18 CLC (AD)
....e judgment and order of the High Court Division in Civil Revision No. 175 of 1984. 2. Leave was granted to consider the question whether the High Court Division has erred in law in upholding the decree that was passed by the Appellate Court below on the ground that the Emergency having been l......aying the appeal has become of mere academic interest. In the result, therefore, this appeal is dismissed without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 124..Category: Property Law | Date: | Hits: 56
Sona Mia Bepari & others Vs. Jamila Khatun & others, 1989, 18 CLC (AD)
.... the daughters presented a piece of Holy Koran to their father in exchange of the suit land and that they have been in possession of the land since the gift was made to them. 5. The learned Munsif decreed the suit upon finding that plaintiff No. 1 had no bonafide intention to execute the alleged ......vidence in respect of the alleged sale of .02-1/2 decimals of land to Sona Miah in Sraban, 1382 B.S. There will be no order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 113..Category: Property Law | Date: | Hits: 33
Abdul Jalil Vs. Bangladesh House Building Finance Corporation & another, 1989, 18 CLC (AD)
....) in the court of the District Judge, Comilla within two months from date, failing which the aforesaid amount will be realised from the appellant with interest @ 9% (nine) till realisation as money decree. Respondent No. 2 shall be permitted to withdraw the amount already deposited by him in conne......im in connection with the auction sale as also the amount of Tk. 75,000/- to be deposited by the appellant. Parties will bear their own cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 109..Category: Property Law | Date: | Hits: 30
Nuruzzaman Sarkar Vs. Seraj Mia & others, 1989, 18 CLC (AD)
....llant do not have exclusive title over the entire suit land. On the contrary greater part of the suit land is in fact enemy and vested property. The plaintiff-appellant therefore is not entitled to a decree of declaration of title under section 42 of the specific relief act for the entire disputed p......ing that of the Appellate Court is perfectly correct. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 106 ..Category: Property Law | Date: | Hits: 75
Soleman Miah & others Vs. Ishaque Ali being dead his heirs Jairun Nessa & ors, 1989, 18 CLC (AD)
....of 1985 Judgement: A.T.M. Afzal J. - The appellants are judgment-debtors in Title Execution case No. 68 of 1964 of the Court of Munsif, Sadar, Sylhet. They prayed for stay of execution of the decree by filing an application under section 151 of the Code of Civil Procedure which was rejec......dance with law after expiration of the aforesaid period. The appeal is disposed of in the aforesaid terms without any order as to costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 104..Category: Civil Law | Date: | Hits: 106
Hazi Waziullah Vs. Additional Deputy Commissioner, Revenue, Noakhali, 1989, 18 CLC (AD)
....5) and 9-11. Civil Appeals Nos. 77 and 78 of 1984 Judgement Shahabuddin Ahmed J.- These two appeals by special leave, at the instance of the plaintiffs, have arisen out of a judgment and decree dated 5 April 1984 of the High Court Division (Comilla Bench) modifying the judgment and decr......d with costs. The impugned judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 97, 1989 BLD (AD) 135. ..Category: Procedural Law | Date: | Hits: 146
Moharram Ali & another Vs. Mohammad Madhu Mia & others, 1989, 18 CLC (AD)
....e against him. The trial Court on consideration of evidence adduced by both the parties found the plaintiffs to be in exclusive possession of separate and well demarcated shares, and on that basis, decreed the suit by a judgment dated 30 June 1979. This judgment was confirmed in appeal by the ...... Division is set aside and that of the trial Court and the appellate Court is restored. The respondent will bear the cost of the appeal. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 92 ..Category: Others | Date: | Hits: 106
Abdul Matin & others Vs. Shuruj Mia, being dead his heirs: Taibunnessa & Others, 1989, 18 CLC (AD)
....he plaintiffs' claim "that they along with some other inhabitants of the locality have been using the suit pathway as of easement right from time immemorial." In this view of the matter, the suit was decreed. "The plaintiffs' right of easement over the suit pathway is declared." 5. On appeal ......Court Division and the Appellate Court below. In the result, therefore, this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 88 ..Category: Property Law | Date: | Hits: 36
Executive Engineer, Public Health, Barisal Division Vs. Mohammad Ali & ors, 1989, 18 CLC (AD)
....f his unauthorised absence the plaintiff actually engaged himself in a contract business, and that he did never care for his service. 3. The suit was dismissed by the trial Court. On appeal it was decreed. The appellate Court held that the plaintiff came to know of the alleged fact of rejection......period of the plaintiffs unauthorised absence from 21.6.75 to 25.4.77. We uphold the appellate Court's order and dismiss the appeal. No costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 64..Category: Employment/Service Law | Date: | Hits: 103
Shambhu Nath Saha Vs. Alfazuddin Ahmed & others, 1989, 18 CLC (AD)
....of 1987 Judgement: A.T.M. Afzal J. — The defendant in a suit for ejectment of monthly tenant is the appellant in this appeal by leave. 2. The suit being S.S.C. Suit No. 58 of 1979 I was decreed by the S.C.C. Judge (Sub-Judge, 3rd Court) Dhaka and on revision by the appellant a Single B......re existed no relationship of landlord and tenant between the parties. The appeal is, accordingly, dismissed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 27..Category: Others | Date: | Hits: 96
Bangladesh Sericulture Board & another Vs. Md. Fazlur Rahman Akunjee & another, 1989, 18 CLC (AD)
....unction was not granted the purpose of the suit would be defeated. This is a baseless assumption made by the Munsif, for there will be no difficulty, legal or otherwise, for the plaintiff to obtain a decree prayed for even if there was not any order of temporary injunction. In the judgment of the ......instant case has not been made upon correct judicial principles. In the result, therefore, the appeal is allowed without any order as to cost. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 25..Category: Employment/Service Law | Date: | Hits: 89
Haroon Moten Vs. Mahaluxmi Bank Ltd. & others, 1989, 18 CLC (AD)
....A Saleque and A.W. Mallik, Advocates with him)—For the Respondent. Civil Appeal No. 160 of 1979. Judgement: Shahabuddin Ahmed J. — This appeal by special leave arises from a judgment and decree of the High Court Division in Letters Patent Appeal No. 4 of 1967 confirming that of the tria......s of the same transaction by fraud and collusion will fall together being void ab initio. In the result, the appeal is dismissed with costs. Ed.This Case is also Reported in: 41 DLR (AD) (1989) 8..Category: Banking Law | Date: | Hits: 103
Md. Naimuddin Sarder Vs. Md. Abdul Kalam, 1989, 18 CLC (AD)
....efendant's appeal following leave and arising out of Judgment dated 2nd August 1983 passed by a Single Judge of the High Court Division (Jessore Bench) in Second Appeal setting aside the judgment and decree of the court of appeal below and restoring those of the trial Court. 2. Respondent No.1 as...... with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate Court restored. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 3. ..Category: Property Law | Date: | Hits: 46
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