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Md. Muzaffar Hossain Vs. King Fishers Industries Ltd. and ors., 1984, 13 CLC (AD)
....ong against defendant- respondent Nos. 2 and 3 and two others for recover of a sum Tk. 38,75,000/- towards profit out of its joint venture with respondent No. 2. In order to secure execution of the decree this may be passed in the suit, Plaintiff-respondent No. 1 filed an application under Order 3......stances stated above, the appeal is allowed. The order of the High Court Division is set aside. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 102. ..Category: Anti-Corruption Laws | Date: | Hits: 113
BD Inland Water Transport Corpn Vs. M/s. Seres Shipping Incorporated & ors., 1984, 13 CLC (AD)
....lsquo;B’ of the plaint the appellant claimed Tk. 2,43,955/- against the respondents. 4. Admiralty Suit No. 3 of 1980 which was instituted on February 11, 1980 the appellant claimed a decree for Tk, 1,27,100/-for causing damage to its vessel, C-1060, by M.V. LIGHT which dashed again......on of time. In the circumstances stated above, all the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 82. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 204
Ass. Custodian, Enemy Property (L & B), Tangail Vs. Bholanath Guha & ors., 1984, 13 CLC (AD)
....in respect of which such omission was made. (2) An application filed under sub-section (1) shall be deemed to be a plaint and order passed thereon shall have the force of a decree under the Code of Civil Procedure, 1908. (3) An application filed under sub-se......ut calling for, an interference with the impugned decision; the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 79. ..Category: Property Law | Date: | Hits: 28
Pulin Behari Barua Vs. Keramat Ali, 1984, 13 CLC (AD)
....the kabala and adverse possession for over the period of limitation the mortgage had been extinguished and, therefore, the plaintiff had got no right of redemption. 4. The trial court decreed the suit. Defendant No. 1 preferred other Appeal No. 385 of 1968 before the Subordinat......ore, be validly claimed by the plaintiff-respondent. For reasons, stated above, the appeal is dismissed with costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Property Law | Date: | Hits: 35
Bangladesh Agricultural Development Corporation Vs. Md. Mannaf H Khan & ors., 1984, 13 CLC (AD)
....on, breach of trust, insubordination, negligence of duties and misconduct. On the basis of the enquiry report he was dismissed from service on October 5, 1978. 5. The trial court decreed the suit on February 16, 1981. On appeal, being Title Appeal No. 56 of 1981, the Addit......st appellate court restored. For the reasons stated above, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 69. ..Category: Employment/Service Law | Date: | Hits: 63
Md. Badruddin Khan Vs. Bangladesh & another, 1984, 13 CLC (AD)
....ent July 24, 1983. The Trial Judge cautiously approached the case and on proper appreciation of evidence on record found that the Plaintiff proved the case and in furtherance of the decree, delivery of possession of the property was made over in a separate execution case. No praye......is view of the matter this appeal must be allowed. In the result therefore this appeal is allowed. No costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 52. ..Category: Property Law | Date: | Hits: 30
Md. Tabibur Rahman Mollah Vs. Md. Sayedur Rahman & ors., 1984, 13 CLC (AD)
....n- Record—For the Respondents 1. Md. Aftab Hossain, Advocate-on-Record—For Respondent Nos. 2 & 3. Civil Appeal No. 72 of 1983. (From the judgment and decree dated 2.6.82 passed by the High Court Division in S.A. No. 894 of 1968.) Judgment ......High Court Division's decision. 8. The appeal is therefore dismissed, without however any order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 48. ..Category: Property Law | Date: | Hits: 39
Md. Shahabul Huda Vs. Md. Shafi, 1984, 13 CLC (AD)
.... follows: "A case in which a Civil Court is already seized with the subject matter of dispute and has passed an order regulating possession thereof or a case in which a decree for possession has been granted or a permanent injunction granted restraining the op......early amounts to an abuse of the process of the Court. In the result, the appeal is dismissed. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 44. ..Category: Criminal Law | Date: | Hits: 75
Abdul Karim Meah Vs. Arch Bishop, Christian Missionaries and another, 1984, 13 CLC (AD)
....Order II, rule 2. This rule does not touch the matter before us. It refers to a case where there has been a suit in which there has been an omission to sue in respect of portion of a claim, and a decree has been made in that suit. In that case a second suit in respect of the portion so omitted......The impugned order of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 38. ..Category: Civil Law | Date: | Hits: 87
Abdul Hakim Vs. Goleda Begum and others, 1984, 13 CLC (AD)
.... Judgment June 2, 1983. The Code of Civil Procedure, 1908 (V of 1908), Section 47. An executing Court becomes functus-officio after execution of the decree by making delivery of possession of land and the Court has no jurisdiction to reopen the pr......any costs. The judgment of the High Court Division is set aside and that of the trial Court is restored. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Others | Date: | Hits: 97
Bangladesh Jatiya Samabaya Bank Ltd. Vs. Sangbad Daily Paper and others, 1984, 13 CLC (AD)
....Civil Procedure Code, 1908 (V of 1908), Section 48 (1) (a) (b) The Limitation Act, 1908 (XI of 1908), Article 182 Twelve years is the highest period of limitation for execution of a decree under clause (a) and (b) of section 48(1) of the Code of Civil Procedure. The decree must be......d not improve further. In the result therefore this appeal is dismissed. There will be no order as to costs. Ed. This Case is also Reported in: 36 DLR (AD) (1984) 5. ..Category: Civil Law | Date: | Hits: 107
AKM Shamsuddin and others Vs. Aftabuddin Ahmed, 1991, 20 CLC (AD)
....hat the suit was barred, among others, by the principle of res judicata as the previous Title Suit No. 22 of 1982 was dismissed. 4. The learned Assistant Judge by his judgment dated 11 July, 1984 decreed the suit upon finding that the defendant cannot claim protection from eviction as he has bee......courts below are restored. Plaintiffs do get khas possession of the suit premises by evicting the defendant there from in accordance with law. The appeal is allowed without any order as to cost. Ed...Category: Tenancy Law | Date: | Hits: 101
Chand (Md) Miah Sawdagar Vs. SMA Rahman, 1991, 20 CLC (AD)
....d the appellants' suit and incorrectly applied the test of bonafide requirement. The appeal is, therefore, allowed without, however, any order as to costs. SCC suit No. 19 of 1980 is hereby decreed. Defendant-respondent shall hand over the possession of the suit premises to the plaintiff-......hall hand over the possession of the suit premises to the plaintiff-appellants within two (2) months from the date of this judgment failing which the decree will be enforced through Court. Ed. ..Category: Property Law | Date: | Hits: 26
Bangladesh and others Vs. KM Shafi Ltd., 1991, 20 CLC (AD)
....peal Nos. 53 and 54 of 1990 arose by leave from the judgment and order dated 12.3.90 passed by the High Court Division in FA Nos. 31 and 32 of 1989 dismissing the appeals and thereby affirming the decree dated 5.12.88 and order dated 28.1.99 passed by the learned Subordinate Judge, 1st Court, Dh...... based on facts was not made at any time previously. Hence we are not inclined to consider the same. For all the above reasons, all the three appeals are dismissed with costs. Ed. ..Category: Others | Date: | Hits: 88
Rafizuddin Ahmed Vs. Mongla Barman and others, 1991, 20 CLC (AD)
....is appeal at the instance of defendant No. 1 is directed against a judgment of reversal of the High Court Division, Rangpur Bench passed in Second Appeal No. 16 of 1974 setting aside the judgment and decree of the District Judge Dinajpur, dated 28.7.1973 and restoring those of the Munsif, Dinajpur p......f the High Court Division are set aside and those of the Court of appeal below are restored. In the result, the appeal is allowed. No costs. Ed. This Case is also Reported in: 43 DLR (AD) 215. ..Category: Property Law | Date: | Hits: 31
Abdur Razzaq (Md) @ Md. Raja Miah Vs. Ansar Ali and another, 1991, 20 CLC (AD)
.... question whether the High Court Division exceeded its revisional jurisdiction under section 25 of the Small Cause Courts Act III reversing the findings of fact arrived at by the trial Court which decreed the suit for eviction of the tenant- respondents. &......of the learned SCC Judge are restored. Respondents are directed to vacate the suit promises within two months from date failing which the appellant shall execute the decree through Court. Ed. ..Category: Property Law | Date: | Hits: 30
Safia Khatun and others Vs. Amena Khatun, 1991, 20 CLC (AD)
....Judgment: Mustafa Kamal J.-his appeal, by leave, from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench, allowing the appeal. Th......ewhat different from those given in support of the said judgment. The decision was correct but not quite the reason. For all the above reasons the appeal is dismissed without costs. Ed. ..Category: Property Law | Date: | Hits: 28
Khabiruddin and others Vs. Government of Bangladesh and others, 1991, 20 CLC (AD)
....ioner under section 20(3) of the State Acquisition and Tenancy Act as a non-retainable khas land and that the Government has been possessing the same since acquisition. 4. The suit was once decreed against the Government. The appellate Court remanded the matter for giving a chance to the ......ad earlier been an order of remand to the trial Court and the appellants had an opportunity to produce all their papers in support of their case. The appeal is dismissed. No costs. Ed. ..Category: Property Law | Date: | Hits: 25
Modern Shipping Agencies Vs. Central Inland Water Transport Corpn. Ltd. & anr, 1991, 20 CLC (AD)
....for time, filed on 8th April, 1982, was rejected, there being no one to move that application. Thereafter the defendants did not take any step nor did they file any written statement. The suit was decreed ex parte on 18th November, 1982. On 30th March, 1983 respondent No. 1 filed an application ......judice to one of the contending parties. In the facts of the case the High Court Division's order does not suffer from any infirmity. Accordingly, the appeal is dismissed. No costs. Ed. ..Category: Procedural Law | Date: | Hits: 104
Samirun Nessa Vs. Kamaluddin and another, 1991, 20 CLC (AD)
.... industrial plot No. 170 (north). There was no mention of any corresponding CS plot number. It was further stated in the written statement that the first party‑appellant obtained an ex parte decree in respect of the case land against the Government of Bangladesh in Title Suit No. 208 of 19...... shall proceed to and dispose of P Case No. 383 of 1987 in conformity with the decision of the Civil Court. Subject to the above orders and directions, the appeal is allowed. Ed. ..Category: Criminal Law | Date: | Hits: 54
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