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BRAC and others Vs. Professor Mozaffar Ahmed and others, 2002, 31 CLC (AD)
.... any such trust, the Attorney-General or two or more persons having an interest in the trust and having obtained the consent in writing of the Attorney-General may institute a suit for obtaining a decree for removing any trustee, appointing a new trustee, vesting any property in a trustee, direc......se appeals. Accordingly, the same are dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 36. ..Category: Constitutional Law | Date: | Hits: 199
Government of Bangladesh Vs. Ramananda Sarker, 2002, 31 CLC (AD)
.... on the Government.(8) The Limitation Act, 1908 (IX of 1908), Article 95 Article 95 of the Limitation Act in its first schedule set out the principle for nullifying a decree obtained by fraud or such other relief gained out of fraud. Lawyers Involved: ...... wronged. The petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 35. ..Category: Procedural Law | Date: | Hits: 97
Ishaque (Md) Vs. Ekramul Huque Chowdhury and others, 2001, 30 CLC (AD)
....passed by the High Court Division in Civil Revision No. 4480 of 1991). Judgment: Md. Gholam Rabbani J.- Two brothers respondent Nos. 1 and 2, instituted a title suit against the appellant for a decree of khas possession after evicting the defendant including the appellant from the suit premise......rfeiture. In view of the discussion as above the appeal fails. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in:54 DLR (AD) (2002) 26. ..Category: Tenancy Law | Date: | Hits: 70
Akbar Hossain (Md) Vs. MD, Agrani Bank and others, 2002, 31 CLC (AD)
....ht against him having been proved beyond reasonable doubt, he was legally dismissed from service from complying with the law and the procedure. 3. The suit was initially decreed and on appeal the same was sent on remand. Thereafter the suit was again decreed ex parte a...... In view of the above, the petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 21. ..Category: Employment/Service Law | Date: | Hits: 83
Khairullah (Md) Vs. ADC (Revenue) and another, 2001, 30 CLC (AD)
....ich was subsequently re-numbered as Other Class Appeal No. 51 of 1985 of the Court of the District Judge, Thakurgaon. The learned District Judge by his judgment dated 11-8-1985 allowed the appeal and decreed the suit. Thereafter respondent No.1 preferred revisional application under section 115(1) o...... Court Division in exercising the discretion. There is therefore no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 13. ..Category: Procedural Law | Date: | Hits: 121
S. M. Iqbal Hossain Vs. Managing Director, I F I C Bank Ltd., 2006, 35 CLC (AD)
....appeal against the judgment and order dated 27.01.2004 passed by a Single Bench of the High Court Division in Civil Revision No.6467 of 2002 making the rule absolute setting aside the judgment and decree dated 16.10.2002 passed by the learned Joint District Judge, 3rd Court, Mymensingh in Other ......that the High Court Division took a correct view in the matter and as such the impugned judgment does not call for our interference. The petition is, therefore, dismissed. Ed. ..Category: Employment/Service Law | Date: | Hits: 78
M/S. Noor Crokaries and another Vs. Islami Bank Bangladesh Ltd. and others, 2006, 35 CLC (AD)
....the judgment and order dated 7-8-2000 passed by a Division Bench of the High Court Division in rejecting the Writ-petition No.4063 of 2000 filed by the writ petitioner challenging the judgment and decree dated 30-5-2000 passed by the learned Subordinate Judge and Additional Artha Rin Adalat in T......ourt Division has rightly passed the impugned order and no interference is called for. In the aforesaid, premises, we find no merit in this petition and accordingly, it is dismissed. Ed. ..Category: Banking Law | Date: | Hits: 120
Abdul Majid Molla Vs. Biswajit Chandra (minor) & others, 2006, 35 CLC (AD)
....ition for leave to appeal is directed against the judgment and order dated 21.10.2001 passed by a Single Bench of the High Court Division in Civil Revision No.80 of 1996 reversing the judgment and decree dated 12.09.1995 passed by the learned Subordinate Judge (now Joint District Judge), 1st Cou......he learned Advocate for the petitioner could not point out any legal infirmity in the judgment of the High Court Division. 9. Accordingly, the leave petition is dismissed. Ed ..Category: Property Law | Date: | Hits: 51
Md. Ashaduzzaman Vs. Bangladesh, 2006, 35 CLC (AD)
....vant law." 6. Mr. Huq next submits that only because a Money Suit is pending against the respondent No.4, the latter cannot be said to be a bank loan defaulter unless the bank obtains a decree against him. Mr. Huq further submits that the respondent No.4 has already paid up the princi......pal amount he borrowed from the Bank. In the above facts and circumstances of the case, we find no merit in the leave petition. Accordingly, the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 120
Md. Saifur Rahman Emam Vs. Government of Bangladesh, 2006, 35 CLC (AD)
....earned Additional Attorney General for the respondents and perused the judgment of the High Court Division and other connected papers. 4. It is not disputed that Rupali Bank obtained a money decree for the amount claimed by them from the Court of Joint District Judge and Artha Rin Adalat, ......ering the facts and circumstances of the case, we do not find any cogent reason to interfere with the judgment of the High Court Division. 8. Accordingly the petition is dismissed. Ed. ..Category: Election Law | Date: | Hits: 119
Md. Habibur Rahman Vs. M/S. Uttara Bank Ltd., 2005, 34 CLC (AD)
....at the Respondent No.2 filed Artha Rin Adalat Case No. 55 of 1990/82 of 1982 before the Court of Subordinate Judge and Artha Rin Adalat, Rangpur impleading the appellant as the sole defendant seeking decree for an amount of Tk.57,074/- and other ancillary reliefs. The said suit was decreed in 1990 a......our discussions made hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 11 BLC (AD) 59. ..Category: Civil Law | Date: | Hits: 130
Al-haj Mohammad Seraj-ud-Dowla and others Vs. The Secretary, Ministry of works, 2006, 35 CLC (AD)
....tober, 2000 passed by the High Court Division in Civil Revision No.863 of 2000 discharging the Rule which was issued upon a revisional application, filed by the plaintiffs against the judgment and decree dated 10-11-1997 passed in Title Appeal No, 187 of 1994 by the learned Subordinate Judge, 2n......ommitted any error or illegality and no case for interference by this Division has been made out, we find no merit in the petition for leave to appeal. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Siddique Ahmed Chowdhury & others Vs. Gani Ahmed and others, 1979, 8 CLC (AD)
....he question before the Privy Council was as to the validity of the deed of gift purported to have been executed on September 24, 1903 by Balraj Kuar, a literate pardanashin lady. The suit was for a decree for actual proprietary right and of possession of certain shares in villages Paraganah Salon,......is is a question of fact and hardly arises in this appeal by special leave. For the foregoing reason, we dismiss the appeal with costs. Ed. This Case is also Reported in: 33 DLR (AD) 1. ..Category: Property Law | Date: | Hits: 53
Belayet Hossain and another Vs. Md. Abu Taher and others, 1980, 9 CLC (AD)
....issed on contest. Against the order the appellants moved the High Court Division in revision whereupon Rule was issued but ultimately it was discharged on the ground that an order passing an ex parte decree in a pre-emption case is also appealable under Order 43 of the Code and as such the revisiona......side and the case is remitted back to the High Court Division for disposal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 231. ..Category: Property Law | Date: | Hits: 55
M/s. Hossain Ahmed Vs. M/s. H. D Hossain & Brothers, 1980, 9 CLC (AD)
....No. 5 and pray for injunction. The argument is not tenable. Had there been any breach of the rule or regulation or any instruction having statutory force, the plaintiffs could very well ask for a decree, with the appropriate declaration but filing of a suit on the facts of this case for declara...... allowed with cost and the order of the High Court Division in staying the operation of the order of the District Judge is set aside. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 223 ..Category: Others | Date: | Hits: 94
Nasiruddin Vs. Government of the People's Republic of Bangladesh & ors, 1980, 9 CLC (AD)
....contract was not completed by sale and after liberation the appellant brought Title Suit No. 95 of 1975 in the Court of Sub-ordinate Judge, Dacca, impleading the Government of Bangladesh, which was decreed ex-parte on 5-12-77 and in execution a sale deed was registered through Court. Earlier to th......t Division and remit the case back to it for decision in the light of the observation made above. There will be no order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 216 ..Category: Constitutional Law | Date: | Hits: 157
Sayed Ali Vs. Sree Gopal Chandra Das and others, 1980, 9 CLC (AD)
....uestion of law in involved, in that, whether a Court of Small Causes can exercise powers under section 144 of the Code of Civil Procedure. Facts are that the plaintiff respondents got an ex-parte decree for ejectment on 27-2-76 against the tenant defendant, and in execution of the decree got del......ithout any order as to costs and remit the case to the Court of first instance to dispose of the matter in accordance with law. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 212. ..Category: Procedural Law | Date: | Hits: 96
Badsha Mia Bepari Vs. Abul Bashar & ors., 1980, 9 CLC (AD)
....rs... ………Respondent Judgment Jan. 15, 1980. The State Acquisition of Tenancy Act, 1950 (Act XXVIII of 1951), section 96. Specific Performance of Contract A sale in pursuance of a decree for specific performance of contract is pre-emptable………(3) Cases Referred to- Chan......lating back becomes academic having no bearing with merits of the appeal. For the foregoing reason this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 183 ..Category: Property Law | Date: | Hits: 57
Abdus Sattar & others Vs. Suresh Chandra Das & others, 1978, 7 CLC (AD)
.... evidenced by Ext. 3 series and he did not make payment after October, 1969 and was a defaulter. The second Respondent was in possession as the brother of Suresh but not as a tenant. He, therefore, decreed the suit for ejectment. On revision by the Respondents, the learned Single Judge of the High...... we set aside the decision of the High Court Division and restore that of the trial Court. The appeal is allowed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 170. ..Category: Tenancy Law | Date: | Hits: 67
Abul Khair Mia Vs. Abdul Latif Sardar, 1980, 9 CLC (AD)
....Vs. Abdul Latif Sardar………Respondent Judgment February 5, 1980. The Code of Civil Procedure, 1908 (Act V of 1908), Order IX, rule 13 It is by practicing deceit and fraud that the decree was obtained and when such fraud and deceit is established, a decree has no existence in the ......965 (S.C.), 671 and Saifur Rahman vs. Haider Shah, 19 DLR (SC), 433. In the result, therefore, this appeal is dismissed with costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 167 ..Category: Property Law | Date: | Hits: 69
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