Search Options
Judgment Advanced Search
Displaying 2481-2500 of 2873 results.
Mohammad Ashraf Ali Molla Vs. Rajeswar Ghose & others, 1991, 20 CLC (AD)
.... Sarbeswar Ghose. The latter's heirs are respondent Nos. 1 and 2. The suits were compromised between the plaintiff appellant and defendant No. 1 by a solenama dated 22.9.197 11. Both the suits were decreed on compromise against deceased defendant No. 1 and ex parte against proforma‑defendan......on of the suits. Accordingly, we uphold the decision of the High Court Division and dismiss the two appeals. As no one appears for the respondents there will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 31
Bangladesh Vs. Tobarak Ali Mia and others, 1991, 20 CLC (AD)
....p; Mustafa Kamal J.- The defendant-Government-appellant contends in this appeal by special leave that the suit which was decreed by a Division Bench of the High Court Division, Comilla Bench in the first appellate juris......sons we find that the suit is not barred by limitation. The only point on which leave was granted in this appeal fails. The appeal is dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 28
Abdul Kader Chowdhury Vs. Nurul Islam and Others, 1990, 19 CLC (AD)
....lier order dismissing a miscellaneous case under Order IX, rule 13, CPC and restoring the miscellaneous case to its file and number. 2. The plaintiff-respondent's suit for declaration of title was decreed ex parte and the defendant-petitioner filed a miscellaneous case under Order IX, rule 13, CP......ld have been justified. The petitioner may avail of the remedy of appeal if he is so advised and if it is still open to him. The petition is dismissed. Ed. This Case is also Reported in: ..Category: Civil Law | Date: | Hits: 105
Bangladesh Vs. Most. Sharifjan Bibi and others, 1991, 20 CLC (AD)
....d directed against judgment and order dated 6 February, 1986 passed by a Single Judge of the High Court Division, Chittagong Bench, in revision upholding the concurrent decision of the Courts below decreeing the suit being OS No. 85 of 1975 of the 5th Court of Assistant Judge Sadar Chittagong. ...... The plaintiffs' suit must, therefore, fail. In the result, the appeal is allowed and the suit dismissed but in the facts of the case there will be no order as to cost. Ed. ..Category: Civil Law | Date: | Hits: 99
Nishat Jute Mills Ltd. Nishatnagar, Tongi, District Gazipur Vs. Md. Sanaullah, 1988, 17 CLC (AD)
....rt rejected his contention and dismissed the suit; but the appellate court, namely the Subordinate Judge, Dhaka accepted his contention, allowed the appeal and on reversing the trial Court's decision decreed the suit holding that the order of transfer was invalid as th Corporation got no jurisdictio......trial Court dismissing the suit is restored. In view of the important question of law raised in this case we make no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 298 ..Category: Employment/Service Law | Date: | Hits: 143
Ahmed Meah Vs. Ejahar Meah & Ors., 1988, 17 CLC (AD)
....15 and 16 of 1958 for recovery of arrear rent of 1362 B. S. against Rashid a Khatun (deceased), mother of the appellant relating to two separate holdings held by said Rashida Khatun. The Suits were decreed ex-parte and the holdings were put to sale in Rent Execution Cases No.101 and 103 of 1958 ......tted no error in rejecting the revisional applications summarily. Accordingly the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 276 ..Category: Property Law | Date: | Hits: 24
Kutubuddin Ahmed Vs. Hasna Banu and another, 1988, 17 CLC (AD)
....is appeal by special leave is at the instance of the defendant and arises out suit for eviction of the said defendant from the remises as a monthly tenant and realisation of arrear rent. The suit was decreed by the trial court but the decree was reversed in appeal. A learned Single Judge of the High......cussion above there appears to be no substance in the contentions raised in this appeal and the same is, accordingly, dismissed with costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 272..Category: Tenancy Law | Date: | Hits: 106
Tahmina Khatun Vs. Begum Nurun Nahar and others, 1988, 17 CLC (AD)
.... ors.............................Respondents Judgment April 1, 1987. Civil Petition for Special Leave to Appeal No. 302 of 1986 The Code of Civil Procedure (V of 1908), Order XXI In a decree of partition, decree-holders are not liable to pay any compensation for demolition of a part ......ate Commissioner has been rightly set aside by the High Court Division. We find nothing to interfere. The petition is dismissed. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 255 ..Category: Property Law | Date: | Hits: 32
Mosammat Monowara Begum Vs. Syed Ashrafuddin & ors, 1988, 17 CLC (AD)
....peal No. The Specific Relief Act, 1877 (I of 1877) Section 9104 of 1984 The Code of Civil Procedure, 1908 (V of 1908) Order XXXIX, rule 1 No injunction can be granted to a person against: whom a decree has been passed under section 9 of the Specific Relief Act restraining the decree-holder from...... the fruits of the decree obtained by him. For the reasons stated above, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 251 ..Category: Tenancy Law | Date: | Hits: 114
M. A. Hai Md. Wazed Ali Miah & Md. Moslem Vs. Trading Corporation of Bangladesh, 1987, 16 CLC (AD)
..... Keshwar Lai Choudhury & ors., AIR 1941 FC 5, the Federal Court observed that the appellate court is entitled to take into account the facts and events which have come into existence after the decree appealed against; consequently, the appellate court is competent to take into account legis......on dated 28.10.85 is declared to have been passed without any lawful authority and to be of no legal effect. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 206. ..Category: Employment/Service Law | Date: | Hits: 112
The Province of East Pakistan (Now Bangladesh) Vs. Shamser Ali Khan & others, 1985, 14 CLC (AD)
.... (Protection) Ordinance, 1982 (XXXIII of 1982), sections 3 and 4(2) The section did not provide anything about the suits already disposed of and even then if the appeal is pending against the suit decreed, it cannot be held that the matter ended with passing of the decree in the disposed of suit ......of which this appeal has arisen stands abated with effect from 11th September 1982. There will, however, be no order as to costs. Ed. This Case is also Reported in : 40 DLR (AD) (1988) 202. ..Category: Property Law | Date: | Hits: 63
Md. Insan Ali Vs. Mir Abdus Salam, 1987, 16 CLC (AD)
....this claim is not sufficient for the trial court to alter its previous finding that the summons was duly served. In the circumstances the trial Court is found to have illegally set aside the ex parte decree……………..(6 & 7) Cases Referred to- Deputy Commissioner, Sylhet V. Israil ......trial Court are set aside and the application under Order IX, rule 13, C.P.C. is dismissed. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 193, 1988 BCR (AD) 125. ..Category: Procedural Law | Date: | Hits: 89
Nur Ahmed Majumder Vs. Nur Ahmed Majumder & others, 1988, 17 CLC (AD)
....uted by his heirs. The appeal is from judgment and order dated 4 July, 1985 passed by a Single Judge of the High Court Division (Comilla Bench) in revision refusing to interfere with the judgment and decree of the lower appellate court decreeing the suit being O.C. Suit No. 6 of 1970 of the Second......ithout any order as to cost. The judgment and decree passed by the Subordinate Judge are set aside and those of the Munsif restored. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 175. ..Category: Property Law | Date: | Hits: 43
Sree Jugal Kishori Sarker Vs. Azizur Rahman & others, 1988, 17 CLC (AD)
.... The purpose of section 4 is to see that a transferee out sider does not force his way into a dwelling house in which other members of the transferor's family have a right to live. Once the partition decree is made in preliminary form the rest is for the Commissioner, but the Court at that stage is ......re leave the matter at that. In the result, this appeal is allowed with cost. The judgment of the High Court Division is set aside. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 150. ..Category: Property Law | Date: | Hits: 45
Moniruddin Sarker Vs. Nurul Huq Khan & others, 1988, 17 CLC (AD)
....s that when the plaintiffs had been enjoying their right of pasturage for about seventy years; their claim ought not to have been altogether thrown away and that they were at least entitled to a part decree in the circumstances of the case. In support of this submission reliance is placed on Bholana......s do not call for any modification by way of allowing the plaintiffs' claim in part. Therefore, the appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 143. ..Category: Civil Law | Date: | Hits: 113
Karatala Lakshmi Bihar Vs. Hriday Ranjan Chowdhury & others, 1988, 17 CLC (AD)
.... Respondent No. 1. Ex-Parte - Respondent Nos. 2-7 & 9. Respondent No. 8 - Being dead his heir Respondent No. 9 is already on record. Civil Appeal No. 40 of 1984. (From the judgment and decree dated 20.6.1983 passed by the High Court Division, Comilla Bench in Second Appeal No.21 of 19......s no controversy and no body had alleged anything to the contrary. The point rests there. The appeal is therefore, dismissed. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 137 ..Category: Property Law | Date: | Hits: 32
Abdul Kader Khan Vs. Basek Khan, 1988, 17 CLC (AD)
....ecessors; that plot No. 215 was not the land of the disputed khatian, and that the plaintiffs would get only 3 annas 3 gandas, 1 kara and 1 kranti share. 6. The Court of appeal below set aside the decree of the trial Court after considering that the defendant's case was not supported by the Sal......1962. In the result, the appeal is allowed. The case is sent back to the trial court for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 114 ..Category: Property Law | Date: | Hits: 36
Jobeda Khatun & Ors Vs. Md. Hamid Ali being dead his heirs Taherun Nessa and ors, 1988, 17 CLC (AD)
....main contestant and the present appellants as not contesting the suit at all. Upon a consideration of the evidence and the respective cases of the parties, the learned Subordinate Judge gave a part decree to the extent of 10.03 acres of land in favour of the plaintiff and allotted saham in favour ......court for fresh trial in the light of the observation made above. The appellants will bear costs of the respondents in this court. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 101 ..Category: Property Law | Date: | Hits: 34
M/s Binning & Co.(Bangladesh) Ltd. Vs. M/s Nasirabad Properties Ltd., 1988, 17 CLC (AD)
....t was filed to pressure for enhancement of existing rent and the appellant was not liable to pay compensation. The suit was, therefore, liable to be dismissed. 4. On 26th December 1979 trial court decreed the suit for ejectment directing the appellant to hand over vacant possession of the suit pr......hief Justice. Order of the Court. By the majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 89 ..Category: Tenancy Law | Date: | Hits: 109
Afroz Rashid Chowdhury Vs. Fazlul Karim Tarafder, 1988, 17 CLC (AD)
...., Advocate, instructed by Miah A. Gafur Advocate-on-Record-For Respondent Nos. 2-3 & 5-7. Ex-parte — For Respondents Nos. 8 to 23. Civil Appeal No. 125 of 1983. (From the judgment and decree dated 6th, May 1982 passed by the High Court Division, Dhaka in Appeal from Appellate Decree ......e the learned Single Judge rightly refused to interfere with the finding of the last court of fact. The appeal is dismissed with costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 79. ..Category: Property Law | Date: | Hits: 35
17791776177417671727171917181711171017021701169816941690168816861684168116781675