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Bangladesh Shilpa Rin Sangstha (BSRS) Vs. Monowara Begum and others, 2006, 35 CLC (AD)
...., Section 151 Disposal of the case by the learned District Judge without issuance of a notice is a violation of the mandatory provision of law. The High Court Division rightly set aside the decree illegally passed by the learned District Judge without complying with the provisions of law.......ed Unnecessarily which we disapprove. 14. In view of the discussion made above, we do not find any substance in this petition. The petition is, therefore, dismissed. Ed. ..Category: Civil Law | Date: | Hits: 95
Abdur Rahim (Md) Vs. Bengal Bricks Industries Ltd. & anr, 2006, 35 CLC (AD)
....ondent No. 2 then filed a revisional application before the High Court Division which was discharged as the defendant-respondent No. 2 did not contest the suit filed by the plaintiff and the suit was decreed ex parte on 13-10-1993. 5. The petitioner, a third party, after coming to know about the......itioner. 14. We do not find any illegality or infirmity in the Judgment of the High Court Division calling for our interference. In view of the above, the leave petitions are dismissed. Ed...Category: Tenancy Law | Date: | Hits: 72
Abdur Rashid Sarker (Md) and others Vs. Dines Chandra Das and others, 2006, 35 CLC (AD)
....rder I, rule 9, CPC or Order I, rule 13, CPC are not applicable to such a suit but because the trial of such a suit is subject to another principle which is to the effect that no Court shall pass a decree which may be set at naught at the instance of a person who is not impleaded in the said suit......im earlier. The appeal is, accordingly, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 64
Rajdhani Unnayan Kartripakha Vs. Abdul Jakir and others, 2006, 35 CLC (AD)
....perties was acquired by the Government and the acquisition was notified in the official Gazette and the plaintiff has no title and possession in the suit property. 4. The trial Court decreed the suit by judgment and decree dated 30-11-1997. The defendant-appellant preferred Ti......, therefore, allowed. The impugned judgment and order of the High Court Division is set aside. Resultantly the suit stands dismissed. Parties do bear their respective costs. Ed. ..Category: Property Law | Date: | Hits: 51
Agrani Bank and other Vs. Essential Garments Ltd. and others, 2006, 35 CLC (AD)
....they defaulted in the payment of loan. The said respondents have filed title suit seeking declaration that the claim made by the Bank against them was not legal and that they have also prayed for a decree for an amount of Taka 13,77,93,000 and odd against the Bank as damage and compensation. ......petition. 23. In the background of our discussions made hereinbefore we find merit in the appeal. Accordingly, the appeal is allowed without any order as to cost. Ed. ..Category: Banking Law | Date: | Hits: 121
Abdul Mannan Vs. Tayeb Ali and others, 2006, 35 CLC (AD)
....erial points were made on omission to consider materials on record and not based on proper evidence, the High Court Division was in error in setting aside the judgment of the Lower Appellate Court decreeing the suit……….(14) Lawyers Involved: Abdul Aziz Chow......rit. 16. In the background of the discussions made hereinbefore we find merit in the appeal. Accordingly the appeal is allowed. There is no order as to cost. Ed. ..Category: Property Law | Date: | Hits: 66
Fatema Khatun and others Vs. Abdul Quddus, 2006, 35 CLC (AD)
.... appeal. Accordingly, the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: IV ADC (2007) 721. ......aneous case was filed on January 2, 1989. 4. In the background of the aforesaid facts it was contended by the pre-emptee Fatema Khatun, that the transfer in question was made in lieu of the dower money Taka 37,000 and that the transfer being discharge of the dower debt the same was value..Category: Property Law | Date: | Hits: 55
Sec., Min. of Food, Government of BD & ors Vs. Md. Sirajuddin Ahmed & ors, 2006, 35 CLC (AD)
.... Judgment: Amirul Kabir Chowdhury J.- This appeal has been preferred by the defendants-the Secretary. Ministry of Food and others against the judgment and decree passed by a Single Bench of the High Court Division in Civil Revision No. 2170 of 1998 on 7......aka 3,000 in favour of the plaintiff-respondent No. 1 within two months from the date of receipt of this order by the trial Court, in default, this appeal shall stand dismissed. Ed. ..Category: Property Law | Date: | Hits: 66
Dulal Chandra Das & ors Vs. Ratan Chandra Sarker and others, 2006, 35 CLC (AD)
.... claim any right by adverse possession, the plaintiff is required to possess the suit land for more than sixty years. Thus the High Court Division was totally wrong in making the rule absolute and decreeing the suit on consideration of the alleged long adverse possession of the plaintiff. ......tion, both the appeals are allowed without any order as to cost, the judgment and order passed by the High Court Division in Civil Revision Nos. 149 and 560 of 1996 are set aside. Ed. ..Category: Property Law | Date: | Hits: 51
Abdur Rashid Mollah Vs. Bangladesh, 2003, 32 CLC (AD)
....nt filed Title Suit No. 596 of 1978 before learned Subordinate Judge, 1st Court, Dhaka for specific performance of contract in which respondent No.2 Government of Bangladesh was a party. The suit was decreed ex parte on 8-11-79 against which respondent No. 2 filed Miscellaneous Case No. 187 of 1979 ......r the appellant in the case of Bangladesh vs. Amena Khatun reported in 55 DLR (AD) 55. The appeal is accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 108
Bijoy Kumar Chakroborty Vs. Md. Muzaffar Hossain , 2006, 35 CLC (AD)
.... to appeal against the judgment and order dated 22-5-2001 passed by a Single Judge of the High Court Division in Civil Revision No. 4924 of 1998 discharging the Rule and confirming the judgment and decree dated 30-6-1996 of the Additional District Judge, First Court, Kishoreganj in Other Class A......ph Act, 1918. 13. In that view of the matter, we do not find any substance in the submission of the learned Counsel for the petitioner. The petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 69
Sonali Bank Vs. United Commercial Bank Ltd. and others, 1992, 21 CLC (AD)
....a in Admiralty Suit No. 30 of 1984). Judgment: ATM Afzal J.- This appeal, following leave, by the decree‑holder‑appellant Sonali Bank arises out of the judgment and order dated 1st Apri......s which were lying with respondent No. 1 against the outstanding liabilities of the judgment‑debtor No. 2 were sold and the share certificates were delivered to the purchasers. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Saleem Ullah Vs. The State, 1992, 21 CLC (AD)
.... of the said lands, and denied the plaintiffs' right, title, interest and possession. "The said suit was dragged on for 10 years in the Court of Subordinate Judge, Dhaka and was ultimately decreed on September 19, 1962 on contest against the defendant. The court held that the plaintiffs......r updating the law of Contempt of Courts in the light of our Constitution, recent changes in media communications, and practice in comparable jurisdictions in other countries. Ed. ..Category: Criminal Law | Date: | Hits: 141
Sharifa Khatun @ Sharbat Banu and others Vs. Md. Yusuf and others, 1992, 21 CLC (AD)
.... deceased defendant was the petitioner, is illegal, the appellants' right of monthly tenancy not being heritable. 2. The predecessor of the respondents as plaintiff‑landlord obtained an ex parte decree on 14.7.84 in SCC Suit No. 13 of 1983 of the Court of Small Causes and First Assistant Judge,......ng the appellants in place of their deceased predecessor and the High Court Division was not justified in interfering with the same. The appeal is, therefore, allowed but without any costs. Ed. ..Category: Tenancy Law | Date: | Hits: 90
Managing Director, Rupali Bank Limited and others Vs. Tafazal Hossain and others, 1992, 21 CLC (AD)
....ier of this Bank is the main respondent, (No. 1). The matter arises from a suit filed by the respondent before the Assistant Judge challenging his termination from the appellants' service. He got a decree declaring his "termination" void. The decree has been upheld by the appellate Cou......matter the decree passed in the suit is void. The result, therefore, is that this appeal is allowed, the impugned decree is set aside and the suit is dismissed. No order as to cost. Ed. ..Category: Administrative Law | Date: | Hits: 130
Sonali Bank and others Vs. Gazi Abdur Rashid and others, 1992, 21 CLC (AD)
.... of the 3rd Court of Subordinate Judge, Dhaka, the plaintiff Gazi Abdur Rashid claimed Tk. 35,31,911.00 with interest from 1.10.77 @ 15% against the defendants, but the trial Court, by judgment and decree dated 19.9.84, partially decreed the suit for TK 15,39,300.00 against defendant Nos. 1-3, t......not allowed but we allow interest on the decretal sum of Tk. 15,39,300.00 @ 7.1/2% per annum from the date of the institution of the suit upto the date of decree of this Court. Ed. ..Category: Business or Commercial Law | Date: | Hits: 99
Manik Chand Bibi @ Rezian Nahar & anr Vs. Abdul Mutakabbir Chy @ Sufi Mia Chy, 1992, 21 CLC (AD)
....pellants and the respondent are the heirs of one Shamsu Mia Chowdhury who brought a partition suit being Title Suit No. 192 of 1964 in the 4th Court of Munsif, Habiganj and who obtained a preliminary decree therein. This decree was upheld upto the High Court Division. In the meanwhile Shamsu Mia Cho...... person entitled to execute the decree and that stage did not reach fill then. Hence, the impugned order is set aside and the appeal is allowed with costs. Ed. This Case is also Reported in: ..Category: Limitation Law | Date: | Hits: 175
Habibur Rahman Vs. Sree Jogiswar Roy Chowdhury Chand and others, 1992, 21 CLC (AD)
....Kamal J.- This is the plaintiffs appeal by leave arising out of a suit for specific performance of contract, Title Suit No. 253 of 1959 of the 1st Court of Subordinate Judge, Barisal. By judgment and decree dated 19.4.77 the trial Court dismissed the suit and on appeal the learned Additional Distric......is outside of the net. For the above reasons we find no ment in the appeal. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 247. ..Category: Property Law | Date: | Hits: 82
Guiness Peat (Trading) Limited Vs. Md. Fazlur Rahman, 1992, 21 CLC (AD)
.... did not reside or carry on business within the local limits of the Court and that if the suit is allowed to proceed it would be contrary to the principles of private international law and that any decree made in the suit would not be binding on the foreign defendant nor be enforceable as the ju......thin the jurisdiction of the court where the plaint was filed. We find no good ground to interfere with the concurrent order of the courts below. The appeal is dismissed with costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 124
Shamser Ali (Md) and others Vs. Mosammat Kafizan Bibi, 1992, 21 CLC (AD)
....e plaintiff calls in question the judgment and order of the High Court Division, Rangpur Bench, passed in Civil Revision No. 1627 of 1981 making the Rule absolute and setting aside the judgment and decree of the lower appellate Court which in turn set aside the judgment and decree of the trial C......tion of the document. Consequently the judgment is liable to be set aside. Accordingly, the appeal is allowed without cost and the judgment of the lower appellate Court is restored. Ed. ..Category: Property Law | Date: | Hits: 98