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Abul Basher Howlader Vs. The State and another, 1994, 23 CLC (AD)
.... The appeal is dismissed. The appellant is directed to surrender to his bail bond and serve out the remainder of the sentence. Ed. This case is also reported in: 46 DLR (AD) (1994) 169 & 244 ......ge or by any other person to either party to the marriage or to any other person; at or before or after the marriage as consideration for the marriage of the said parties, but does not include dower or mahr in the case of persons to whom the Muslim Personal Law (Shariat) applies. Explanat..Category: Criminal Law | Date: | Hits: 69
Bangladesh Vs. Luxmi Bibi and others., 1994, 23 CLC (AD)
....p; Shahabuddin Ahmed CJ.- Government is the appellant in this appeal by special leave. The main question raised here is whether the limitation for filing an appeal against a decree will run from the date of the decree or from the date on which the decree has been amended o......lised. Subject to this reduction in amount and direction for payment, the appeal is dismissed without, however, any cost. Ed. This case is also reported in: 46 DLR (AD) (1994) 158 ..Category: Procedural Law | Date: | Hits: 104
Moni Begum and others Vs. Rajdhani Unnayan Kartripakha and others, 1994, 23 CLC (AD)
....a court feels that injustice has been done in a case it can adopt such procedure as if thinks fit. In the Code of Civil Procedure there is a provision under Order 9 rule 13 to set aside an ex parte decree in a civil case. The writ court being a civil Court it does not specifically possess that po......ing justice in a case and whether the court will exercise such power is a matter of judicial discretion for that court. Ed. This case is also reported in: 46 DLR (AD) (1994) 154 ..Category: Procedural Law | Date: | Hits: 102
Sudhangshu Kumar Chowdhury and another Vs. Ali Hossain (Md) & ors., 1994, 23 CLC (AD)
.... Kemaluddin Hossain CJ.- This appeal by special leave raises the question whether the Small Cause Court could declare a decree passed in a title suit by a civil Court a nullity and whether the High Court Division in its......d so the learned Single Judge was justified in decreeing die suit. The appeal is therefore dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 151 ..Category: Civil Law | Date: | Hits: 134
Suchitra Kumar Das Vs. Sree Indu Bhushan Sarker, 1994, 23 CLC (AD)
.... 9 of 1973 on July 30, 1979. 2. The respondent filed a case before the Chairman, Kalibari Union Committee, Barisal against the appellant and another for arrears of house rent and obtained a decree. The decree was put into execution in the Second Court of Munsif of Barisal. The appellant w......ondent’s case based on an oral contract of monthly tenancy. The appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 144 ..Category: Property Law | Date: | Hits: 70
Rekha Datta and others Vs. Chittagong Urban Co-operative Bank Ltd., 1994, 23 CLC (AD)
..... In the case of Mst. Siraj Fatima Vs. Mahmood Ali AIR 1932 (All) 293 the Full Bench of the Allahabad High Court observed that: "The real basis of the binding character of a decree against a minor is the fact of his having been duly represented by a proper person, and not...... and the balance amount to be paid within 6 months from the date. There will be no order as to costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 133 ..Category: Property Law | Date: | Hits: 130
Post Office High School Vs. Asgar Ali & others, 1994, 23 CLC (AD)
....te and Secondary Education. 3.The trial Court dismissed the suit after finding that the plaintiff was given an opportunity to show cause and defend himself. On appeal the appellate court, however, decreed the suit. It found that on 28 February 1989 the plaintiff was only asked to answer to four q......t and decree of the trial Court are restored and those of the appellate Court and the High Court Division are set aside. No costs. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 127. ..Category: Employment/Service Law | Date: | Hits: 101
Abdul Aziz Vs. Abdul Majid, 1994, 23 CLC (AD)
....s appeal by the defendant following leave, is directed against the judgment and order of a Single Judge of the High Court Division passed in Civil Revision No. 2291 of 1990 affirming the judgment and decree passed by the Subordinate Judge, 3rd Court and SCC Judge, Dhaka in SCC Suit No. 6 of 1985 for......he basic reason why a notice under section 106 of the Transfer of Property Act is mandatory in a case of eviction under the Ordinance. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 121. ..Category: Tenancy Law | Date: | Hits: 87
Zahirul Islam and Abul Kalam Azad Vs. National Bank Limited and others , 1994, 23 CLC (AD)
....oney Suit No. 211 of 1988, subsequently renumbered as Money Suit No. 528 of 1990 of the Court of Subordinate Judge (Commercial Court No. 1), Dhaka, the Court of Artha Rin Adalat No. 3. The suit was decreed for a sum of Taka 1,67,77,144.71 jointly with others and also separately for Taka 29,18,75......er Order 41, rule 22 of the Code of Civil Procedure. The cited case has got no relevance. The petitions are dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 110 ..Category: Civil Law | Date: | Hits: 122
Bangladesh Agricultural Development Corporation Vs. Kibria and Associates Ltd., 1994, 23 CLC (AD)
....29, Arbitration Act, 1940, of course, provides for grant of interest in arbitration proceedings, but it is the Court only which has been empowered thereunder to award interest from the date of its decree when the Arbitrator's award is made a rule of the court. There was no such law in India also......ree as the power to grant interest after passing of the decree vests exclusively in the court under section 29 of the Act. Ed. This case is also reported in: 46 DLR (AD) (1994) 97 ..Category: Business or Commercial Law | Date: | Hits: 98
Sonali Bank Vs. Karnaphuli Works Ltd., 1993, 22 CLC (AD)
....udgment and order dated 29.5.1991 passed by the High Court Division in Appeal from Original Decree No. 7 of 1088). Judgment Shahabuddin Ahmed CJ.- This appeal by leave is from a judgment and decree of the High Court Division, dated 29 May 1991 in FA No. 7 of 1988, affirming that of the Subo......ation as per the existing bank rate when the sum due to the plaintiff was ascertainable by the Court after hearing the parties. Ed. This case is also reported in: 46 DLR (AD) (1994) 55. ..Category: Business or Commercial Law | Date: | Hits: 128
Ramani Marak and another Vs. Jamini Marak and others, 1994, 23 CLC (AD)
.... the plaintiffs of the other suit as the defendants along (sic) with others. Both the suits were tried analogously and dismissed by the same judgment on December 31, 1976. Against the judgment and decree passed in OC Suit No. 335 of 1975 two plaintiffs, namely, Respondents I and 2 filed an appea......no interference. This appeal is, therefore, dismissed with costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 51 ..Category: Property Law | Date: | Hits: 61
Bangladesh Shilpa Rin Sangstha Vs. Haque Brothers (Carbide) Ltd., 1994, 23 CLC (AD)
....ndency of the case the account was re-examined and it was found necessary to reduce the claim as some payments were made earlier. The learned Additional District Judge found, vide his judgment and decree dated 21.9.79, that there was no cogent evidence as to the amount that was due from the resp......find that our judgment does not need a review. The review petitions are accordingly dismissed. No costs. Ed. This case is also reported in: 46 DLR (AD) (1994) 39 ..Category: Banking Law | Date: | Hits: 125
Momtazuddin and another Vs. Yakub Ali, 1993, 22 CLC (AD)
.... the appellants were defendants in a suit for specific performance of contract, Title Suit No. 120 of 1980, in the 1st Court of Subordinate Judge, Dhaka brought by the respondent and others which was decreed ex parte on 26.1.81 and the decree was drawn up on 13.7.81. Alleging that the summons were f......f limitation will remain open for decision at the hearing of the appeal and the respondent is free to take all legitimate objections. Ed. This Case is also Reported in: 46 DLR (AD) (1994) 13. ..Category: Procedural Law | Date: | Hits: 121
Hosne Ara Begum Vs. Chairman, Court of Settlement and another, 1994, 23 CLC (AD)
....ur, Dhaka was the subject matter of an agreement of sale or 7.1.71 between Dr. Sadrul Hasan, the then owner thereof and the petitioner and further claiming that the petitioner obtained an ex parte decree on 11.4.83 in a suit for specific performance of contract, namely, Title Suit No. 1441 of 1......ther ground or point has been urged by Mr. Hakim. The petition is dismissed. Ed. This case is also reported in: 46 DLR (AD) (1994) 9 ..Category: Property Law | Date: | Hits: 77
Sheikh Farid (Md) & others Vs. Abdul Wadud Sikder and others, 2006, 35 CLC (AD)
....his is plaintiffs' appeal by leave against the judgment dated July 23, 1996 of the High Court Division in Civil Revision No. 1835 of 1994 making absolute the Rule obtained against the judgment and decree dated February 24, 1994 of the Court of District Judge, Gopalganj in Title Appeal No. 24 of ......is lack of evidence to show that he possessed the land denying title of Karuna Moyee Dasi or her sons to their knowledge. Accordingly, the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 59
Serajul Islam & others Vs. Md. Abdur Razzaque Chowdhury and another, 2006, 35 CLC (AD)
.... is directed against the judgment and order dated 6-6-2000 passed in Civil Revision No. 1502 of 1994 by a single Bench of the High Court Division discharging the Rule and affirming the judgment and decree dated 7-3-1994 by the learned Subordinate Judge, Munshiganj in Title, Appeal No. 36 of 1991......tly affirmed the decision of the lower appellate Court as the final court of fact. In such view of the matter, this petition merits no consideration Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 43
Akhtar Begum & others Vs. Mahmudul Haque, Advocate and others, 2006, 35 CLC (AD)
....herent power………………………..(7) A suit for declaration as to entitlement of money is maintainable, with a consequential relief for a decree by way of realization thereof………….(6) Cases Referred to- ......above-established principles of law on the subject, we do not find any substance in the submissions of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Civil Law | Date: | Hits: 91
Bangladesh Bank Vs. Rana Awan and others, 2006, 35 CLC (AD)
....er, the appellant, who is the Custodian of the Consolidated Fund, was not made a party to the suit out of which the execution case arose, is not a judgement-debtor. Consequently, he cannot pay the decreetal dues from the Consolidated Fund unless an Appropriation Act is passed by the Parliament i...... the official(s) who was/were responsible for the default. Let a copy of the judgment be sent to the Ministry of Finance, Ministry of Works and also to the Solicitor. Ed. ..Category: Civil Law | Date: | Hits: 104
Nur Amin and others Vs. Abdul Quddus and others, 2006, 35 CLC (AD)
....ents Judgment March 23, 2006. The Code of Civil Procedure, 1908 (V of 1908), Section 115 The High Court Division exercising power under section 115 CPC set aside the decree illegally passed by the learned District Judge and sent the case back to the trial Court fo......lower appellate Court. 13. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed with cost of Taka 5,000. Ed. ..Category: Property Law | Date: | Hits: 51
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