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Baitul Aman Cooperative Housing Society Ltd. & anr Vs. Md. Shamsur Rahman & ors., 1981, 10 CLC (AD)
....mbership but the Society and their men illegally and forcibly dispossessed the plain, tiffs from the suit land. In the plaint the plaintiffs prayed for the following reliefs: (i) For a decree against the defendants declaring the plaintiff's sole right, title and interest in the suit ......ler the appeal is allowed. The application filed by the appellants under Order VII rule 11 of the Code of Civil Procedure is allowed We make no Order as to costs. Ed. ..Category: Property Law | Date: | Hits: 60
Md. Matlabur Rahman & ors Vs. Madan Meah Chowdhury, 1981, 10 CLC (AD)
....ved upon his heirs. There is nothing for the devotees or murids to do at the stage. 11. Mr. Khondker could only cite one decision reported in 55 Bombay, 709. In that case it was held that a decree for injunction obtained against the father as the manager and representative of a joint......h Court Division. In the result, the appeal is dismissed with costs. Order of the Court In view of the decision of the majority the appeal is allowed with costs. Ed. ..Category: Civil Law | Date: | Hits: 91
Amanullah Bhuiyan and others Vs. Abdul Hafiz and ors, 1981, 10 CLC (AD)
....; Shahabuddin Ahmed J. - The question raised in this appeal by special leave is whether the period of limitation under Article 182 of the Limitation Act for filing an application for execution of a decree runs from the date when the final decree was passed or from the date when the said decree wa......m the date the decree is drawn and signed or it becomes executable. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 1981 BLD (AD) 210. ..Category: Procedural Law | Date: | Hits: 106
Commissioner of Taxes & another Vs. M/s. Mullick Brothers, 1981, 10 CLC (AD)
....ar of land revenues". The proviso adds that the Collector shall have the powers which under the Code of Civil Procedure, 1908, the Civil Court has for the purpose of recovery of an amount due under a decree. Explanation No. 2 to the section is in the following terms: For the removal of doubts it......rom want of legal authority. In the result, therefore, this review application is allowed and the appeal is dismissed without any order as to costs. Ed. This Case is also Referred in: ..Category: Fiscal/Taxation Law | Date: | Hits: 98
Khandaker Ehtehshamuddin Ahmed @ Iqbal Vs. Bangladesh and others, 1980, 9 CLC (AD)
....at the order passed by this Division staying execution of the sentence to continue for further ten days from the date of this order. Ed. This Case is also Reported in: 33 DLR (AD) (1981) 154. ......the victim Saleha was married to appellant Kh. Ehteshamuddln Ahmed alias Iqbal on December 7, 1975. The appellant lived with his family at 1063, Malibagh Chowdhury para. The appellant Iqbal got large dower from the parents of the victim Saleha Begum. He received 1.5 lac from his mother-in-law for co..Category: Constitutional Law | Date: | Hits: 292
Binode Behari Saha Vs. Nitya Gopal Shaha, 1980, 9 CLC (AD)
....ssed. The Small Cause Courts Act, 1887 (IX of 1887), Proviso to Section 17(1) If the application for seeking Court's direction is filed along with the application for setting aside the ex-parte decree and the Court passes necessary orders on the application directing the applicant either to de......ection (1) of section 17 of the Provincial Small Cause Courts Act. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 33 DLR (AD) 131. ..Category: Procedural Law | Date: | Hits: 147
Nurunnessa and ors Vs. Babr Ali Bepari and others, 1981, 10 CLC (AD)
....edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ......edule lands of the plaint. The parties will have opportunity to prove the power of attorney in the manner indicated above and in accordance with law, we, however, make no order as to costs. Ed. ..Category: Others | Date: | Hits: 128
Shamuj Ali and other Vs. Kamalarma Bibi and others, 1980, 9 CLC (AD)
.... The High Court Division further held that even if Art. 181 applies to an application for restitutions the three years period of limitation provided thereunder will begin from the date of the final decree in second appeal and not from the date of the decree of the first appellate Court reversing t......the appellate court if appeal is preferred from the decree of reversal of the first appellate court. In the result, the appeal is dismissed with costs. Ed. This Case is also Reported in: ..Category: Procedural Law | Date: | Hits: 111
Ful Chand Das and others Vs. Mohammad Hammad and others, 1982, 11 CLC (AD)
...., instructed by M.R. Khan, Advocate-on-Record—For the Respondent No. 1. Ex-parte—Respondent Nos. 2 to 17. Civil Appeal No. 97 of 1978. (From the judgment and decree dated August 28, 1974 passed by the High Court Division in Appeal from Original Decree No. 3......ent of the High Court Division is maintained. Consequently, this appeal stands dismissed without any order as to costs. Ed. This Case is also Reported in: 3 BLD (AD) 1983, 68. ..Category: Property Law | Date: | Hits: 75
Abdul Alim and others Vs. A. K. Abdul Hoque and others, 1982, 11 CLC (AD)
....e facts giving rise to these questions are that there was a suit for declaration of an easement right over the passing of water through a drain between the respondents and appellants. The suit was decreed on compromise between the parties concerned on 26th March, 1964. The decree-holder-res......Act. In this view, the appeal is allowed but in the facts of case we make no order as to costs. The decrees of courts below are set aside and the execution petition dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Mofizur Rahman Khan Vs. Government of Bangladesh, 1982, 11 CLC (AD)
....ve years of service in the public interest. The amendment also includes a validation clause which provides that notwithstanding anything to the contrary contained in any other law or in any judgment, decree, order or decision of any Court all orders of retirement made under the previous section 9(2)...... disposed of in these terms, without any cost. In the result, Civil Appeal Nos. 73 and 124 of 1981 are dismissed. No order as to costs. Ed. This Case is also Reported in: 34 DLR (AD) 321. ..Category: Constitutional Law | Date: | Hits: 188
Rajan Miah Vs. Abdur Rashid and another, 1982, 11 CLC (AD)
....er of the High Court Division in Second Appeal No. 467 of 1972. 2. Plaintiff is the appellant. He filed a suit for declaration of his title and for recovery of khas possession. The suit was decreed by the trial Court but on appeal the lower appellate court dismissed the suit on reversing ...... of the trial court judgment by the appellate Court below was justified and the plaintiff is not entitled to any relief. In the result, therefore, this appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 47
Hajee Khabiruddin Ahmed Vs. Md. Salam Kabir, 1982, 11 CLC (AD)
....of notice under section 106 of the Transfer of Property Act was concerned the High Court Division in reversing the finding of the trial court thereon dismissed the suit and set aside the judgment and decree. 5. Being aggrieved, the appellant moved this court and obtained leave to consider the fol......ter the lapse of a reasonable time. For the reason stated above, the appeal is allowed with costs. The judgment of the High Court Division is set aside and that of the trial court restored. Ed. ..Category: Tenancy Law | Date: | Hits: 67
Rokeya Khatun Vs. Alijan @ Alijan Bepari and ors., 1982, 11 CLC (AD)
....the Appellant. M. Zahir, Senior Advocate, instructed by Md. Sajjadul Huq, Advocate-on-Record —For the Respondent No. 1. Civil Appeal 140 of 1980. (From the judgment and decree dated 16.3.76 passed by the High Court Division in Second Appeal No. 941 of 1967). Ju......he modification that the suit is decreed in part in favour of the appellant to the extent of the 1/3 rd share in the suit property. Respondent No. 1 is to pay cost of the appeal. Ed. ..Category: Property Law | Date: | Hits: 57
....down resulted in financial loss to the University. Further the inquiry was held lawfully and every reasonable opportunity was afforded to the plaintiff-respondent to defend himself. The trial Court decreed the suit its decision was upheld by the first Appellate Court as well as the learned Judge o......persona! hearing has, in any way, prejudiced the respondent.
For the reasons stated above, the appeal is allowed but without any order as to costs.
Ed.
This Case is also Reported in:
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Category: Employment/Service Law | Date: | Hits: 109
Abu Bakkar Vs. Nazir Ahmed, 1982, 11 CLC (AD)
....dvocate, instructed by Md. Aftab Hossain, Advocate on-Record—For the Appellant. Faruque Ahmed, Advocate-on-Record—For the Respondent. Civil Appeal No. 103 of 1981. (From the Judgment and decree dated 9 December, 1980 passed by the High Court Division in Second Appeal No. 648 of 1967.) ......sion are set aside and those of the lower appellate court are restored. The respondent shall pay costs of the appeal to the appellant. Ed. This Case is also Reported in: 34 DLR (AD)(1982) 237. ..Category: Property Law | Date: | Hits: 58
Khondker Moshtaque Ahmed Vs. Bangladesh, 1982, 11 CLC (AD)
....ension in the mind of the accused It is further to be observed that all those provisional changes were made not by ordinary legislation process but by Martial Law Regulation which are bat executive decree of the head of the Government. The materials on record reveal that all those charges were b......w Court and the order of Government on review are set aside, The orders of conviction passed on the appellant ate hereby quashed. Ed. This Case is also Reported in: 34 DLR (AD) (1982) 222. ..Category: Criminal Law | Date: | Hits: 287
Bangladesh Vs. Hon'ble Judge, Prize Court, HCD, Supreme Court Building, Dacca, 1982, 11 CLC (AD)
....n respect of the particular ship or aircraft In respect of which the said moneys shall be transferred, paid, or placed. 3. No money shall be paid out of Court except in pursuance of a decree or order of the Judge." 12. The learned Council mentioned that in the neighb......e learned Attorney-General are found unacceptable, not because it lack reasons but such reason has no support in law. The appeal is dismissed. No order as to costs. Ed. ..Category: Others | Date: | Hits: 116
Abdul Hamid Vs. Abdul Jabbar , 1982, 11 CLC (AD)
.... application before the High Court Division and the latter by the impugned order dated 7 July, 1981 set aside the order of restitution observing that an order in a pre-emption case not being a decree within the meaning of section 2 of the Civil Procedure Code, provision for restitution unde......o this modification the appeal is allowed, the order of the High Court Division is set aside and that of the Subordinate Judge is restored. There will be no order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 82
Bangladesh & others Vs. A. K. M. Zahangir Hossain, 1981, 10 CLC (AD)
....f the Constitution. 30. It is to be observed, that all the bases cited from the Bar are Article 136(1) of the Indian Constitution, which provides an appeal to the Supreme Court from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any Court or tribu...... member of the said 'disciplined force' if he has been illegally dismissed, removed, discharged, reduced in rank or compulsorily retired. Ed. This Case is also Reported in: 34 DLR (AD) 173. ..Category: Constitutional Law | Date: | Hits: 188
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