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Mir Abdul Ali Vs. Md. Rafiqul Islam, 1987, 16 CLC (AD)
....it land on the date of filing of the suit." In view of the evidence, the Appellate Court dismissed the appeal. 4. In revision the Single Bench of the High Court Division set aside the judgment and decree of the courts below and decreed the plaintiff’s suit with direction to give him possession ......f the High Court Division is set aside and those of the Courts below are restored. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 75, 1988 BLD (AD) 149...Category: Property Law | Date: | Hits: 118
Sr. Manager, M/s. Dosta Tex Mills Ltd., Ranirhat, Feni & ors Vs. Sudhansu B Nath, 1988, 17 CLC (AD)
....extile Mills Corporation (hereinafter referred to as "Corporation"). He is challenging the High Court Division's order dated 7 July, 1985 in Civil Revision No. 73 of 1984 refusing to interfere with a decree of the appellate court. By that decree the appellate court on reversing the decision of the t...... and the lower appellate court arc set aside and that of the trial court is restored, though on different grounds. No order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 45 ..Category: Labour and Industrial Law | Date: | Hits: 122
Tajabunnessa and others Vs. Mrs. Nazma Begum and others, 1988, 17 CLC (AD)
....n the suit room. Further she did not get any notice and also the plaintiff did not require the suit premises for his own use. Neither she nor defendant No.1 was habitual defaulters. 3. Trial court decreed the suit and directed that the plaintiff do get khas possession of the suit remises by evict......nd decrees of the High Court Division are set aside and those of the trial Court restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 36 ..Category: Tenancy Law | Date: | Hits: 95
Rahima Akhter and others Vs. Asim Kumar Bose and others, 1988, 17 CLC (AD)
....he machinery has been provided by the Defence of Pakistan Ordinance namely, the preservation of jurisdiction of Civil Court (section 16). The Civil Court had exercised its jurisdiction and passed the decree and the Custodian who stepped into the shoes of the original owner e.g. Hemnalini has power t......al court restored, and the plaintiff gets the Kabala in pursuance of the decree of the trial court. There will be no order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 23. ..Category: Property Law | Date: | Hits: 47
Md. Golam Hossain Vs. Mst. Asia Khatun Chowdhury, 1988, 17 CLC (AD)
....nd conduct of the parties. Considering the facts of this case the opinion is that the defendant had made out a case of waiver and acquiescence and the judgment of the High Court Division passing a decree of eviction is liable to be set aside and the trial Court was correct in dismissing the suitâ......ial Court was correct in dismissing the suit. 21. In the result, therefore, this appeal is allowed. There will be no order as to costs. Ed.This Case is also Reported in: 40 DLR (AD) (1988) 1..Category: Property Law | Date: | Hits: 52
Md. Naimuddin Sardar Vs. Md. Abdul Kalam Biswas, 1987, 16 CLC (AD)
....endant'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. Responde...... In the result, therefore, the appeal is allowed with cost. The impugned judgment and decree of the High Court Division are set aside and those of the first appellate court restored. Ed. ..Category: Property Law | Date: | Hits: 44
Mst. Maleka Khatun & another Vs. Abid Ali & others, 1987, 16 CLC (AD)
....ellant No. 1) on 6th March 1975. 3. Abid Ali, respondent No. 1, filed preemption case, being Miscellaneous Case No. 230 of 1980, impugning the aforesaid sale. His case is that he got a decree for specific performance of contract for, 02 acre of land on 29th November 1972 in Title Sui......d above, the appeal is allowed, judgment of the High Court Division is set aside and that of the lower appellate Court restored. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 48
Sudhir Chandra Sil & another Vs. Harimohan Das & others, 1987, 16 CLC (AD)
....dash;For the Respondent No. 1. Dead—Respondent Nos. 2, 4 & 5. Ex-parte—Respondent Nos. 3 & 6. Civil Appeal No 169 of 1983 (From the judgment and decree dated 30th March, 1983 passed by the High Court Division, Dhaka Bench, in Second Appeal No. ......The impugned judgment and decree are set aside and those of the lower Appellate Court affirmed. There will, however, be no order as to cost. The application for substitution is rejected. Ed. ..Category: Property Law | Date: | Hits: 50
Kalitara Biswas Vs. Mrinal Kanti Biswas and others, 1987, 16 CLC (AD)
....ination of notes for which the alleged payment was made "can be disregarded as minor one. " In this view of the matter, the appeal was allowed and the solenama was treated as part of the decree. 6. In Civil Revision the matter came before the learned Single Judge and the l......t below are set aside and that of the trial Court is restored. The original suit will now proceed expeditiously from the stage where it was left. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 32
Sonali Bank, Local Office, Dhaka Vs. Gazi Abdur Rashid & others, 1987, 16 CLC (AD)
....(M.S. No. 186 of 1978) in the 3rd Court of Subordinate Judge, Dhaka, against the appeÂllant and others claiming a little over Tk. 35,00,000/- as damage due to short delivery of commodities and got a decree against the appeÂllant for Tk. 15,39,300/- (Fifteen lacs, thirty-nine thousand and three hun......on 35A does not come into conflict with the limitation provided in the schedule as to the maximum ad valorem fees which may be determined under the schedule. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 124
....r realisation of
mortgage dues. Permission of the Board of Revenue as required under the
provisions of Disturbed Persons (Rehabilitation) Ordinance, 1964 was obtained
by the appellant. Preliminary decree which was passed on 25th August 1966 was
made final on 28th February 1967. Appellant put the......
order of the Executing Court is set aside and it is directed that the Execution
Case No. 4 of 1967 be proceeded with and disposed of in the light of this judgment.
No order as to cost.
Ed.
..
Category: Property Law | Date: | Hits: 70
Bangladesh Biman Corporation Vs. Syed Aftab Ali and others, 1987, 16 CLC (AD)
.... judgment which is as follows. This appeal arises from judgment and order dated 11-9-85 passed by a Single Judge of the High Court Division Dhaka (Sultan Hossain Khan, J) affirming in revision the decree pasÂsed concurrently by the Courts below. 2. Plaintiff-respondents case is that they alon......h that of the Chief Justice. Order of the Court By the majority decision, the impugned decree is set aside and the suit is dismissed. The appeal is allowed. No order as to cost’s. Ed. ..Category: Employment/Service Law | Date: | Hits: 97
Shafquat Haider & others Vs. M. Al-Amin and another, 1987, 16 CLC (AD)
....uot;, it was alleged, was a trade mark registered in January 1984, in the name of respondent No.1, under the Trade Marks Act. Respondent No.1 claimed to be a graduate in Computers Science having a decree from an English University and that he was the pioneer in this special field of Computer bus......s order, however, does not restrain respondent No.1 from discharging his duties as Chairman of the company. The winding-up matter should be disposed of expeditiously. No order as to costs. Ed. ..Category: Intellectual Property Law | Date: | Hits: 239
M/S. Zaman and Co. Vs. Bangladesh Sugar and Food Industries Corporation and ors., 1987, 16 CLC (AD)
....er was referred to arbitration. An award was passed on 2nd November, 1976. The appellant filed Title Suit No. 27 of 1977 in the 3rd Court of Subordinate Judge, Dhaka for its enforcement. The suit, decreed on 24th May, 1978, was put into execution. Defendant-respondent Nos. 1-4 filed an objection......cation for review is dismissed for, hit non-appearance he should rush to the Court, law says within fifteen days, for its restoration. The appeal is dismissed. No costs. Ed. ..Category: Civil Law | Date: | Hits: 84
Feroza Majid and another Vs. Jiban Biman CorpoÂration, 1987, 16 CLC (AD)
....rts was that she got no title or interest in the land independent of her husband but nevertheless she obstructed the plaintiff's men in the erection of a boundary wall. On these findings the suit was decreed. This decision was challenged by the defendanÂts by a revisional application before the Hig...... of Tk. 30.000/- which he could not pay to qualify himself to be a Director of the Company. He contended that the land along with the adjacent southern part had been purchased by him in 1953 with the dower money of his wife, defendant No.1, with a view to establish a Vocational Training Centre and a..Category: Others | Date: | Hits: 104
Sufia Khanam Chowdhury Vs. Faizun Nesa ChowÂdhury, 1987, 16 CLC (AD)
....qur Rahman, Senior Advocate, instructed by Zinnur Ahmed, Advocate-on-Record-For the added Respondents (In both the cases). Civil Appeal Nos 26 and 27 of 1984. (From the judgement and decree dated 16-2-83 passed by the High Court Division, Comilla Bench, in Second Appeal Nos, 402 a......irection for amendment of the plaint is set aside and that of the trial Court is restored. With this modification the appeals are dismissed. There will be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 86
Chunnu Mia Vs. Monindra Lal Roy & others, 1987, 16 CLC (AD)
....cord-For the Appellant. Ranadhir Sen, Advocate, instructed by Syed Sakhawat Ali, Advocate-on-Record-For the Respondent No. 1 Civil Appeal 162 of 1983. (From the judgment and decree dated 8.6.83, passed by the High Court Division, Comilla Bench in Second Appeal No. 258 of ......rgument was advanced before the High Court Division with regard to the merit of the settlement. We find no substance in this appeal and, accordingly, it is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 36
Hazera Begum and others Vs. Roushan Ara BeÂgum and others, 1987, 16 CLC (AD)
....ed 21.1.85— For the Respondent Nos. 39-40 & 47. Ex-Parte-For the Respondent Nos. 3-38, 41- 46 & 48—59. Civil Appeal No. 115 of 1983. (From the Judgment and decree dated 21st August 1982 passed by the High Court Division, Dhaka, in S. A. No. 368 of 1974).......r with the judgment of Badrul Haider Chowdhury J. Order of the Court By a majority decision, the appeal is dismissed. There will, however, be no order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
Narendra Nath Basu Roy and another Vs. Municipal CommitÂtee, Mymensingh, 1986, 15 CLC (AD)
....n-Record—For the Appellants. Md. Fazlul Karim, Advocate instructed by Sharifuddin Chaklader, Advocate-on-Record— For the Respondents. Civil Appeal No. 98 of 1984. (From the Judgment and decree dated 12th June, 1984 passed by the High Court Division, Dhaka, in S.A. No. 402 of 1975) J......s landlord and tenant. And there ends the matter. In the result, therefore, this appeal is disÂmissed. There will be no order as to costs. Ed. This Case is also Reported in:39 DLR (AD) 16. ..Category: Property Law | Date: | Hits: 34
Nur Muhammad & others Vs. Moulvi Moinuddin Ahmed & others, 1986, 15 CLC (AD)
....1985. 2. Appellants who are plaintiffs filed O.S. No. 19 of 1977 in the 3rd court of SubordiÂnate Judge, Chittagong impleading respondent No.1 as defendant No.1 along with other defendants for a decree for establishment of title and confirmation of possession with a prayer for permanent injunct......r Chowdhury, J. Order of the Court By the majority decision, the appeal is disÂmissed. There will, however, be no order as to costs. Ed. This Case is also Reported in: 39 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 48
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