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Narayan Chandra Rajak Das Vs. Md. Amjad Ali Miah and others, 1992, 21 CLC (AD)
....eave from Judgment of the High Court Division, Barisal Bench in Civil Order No. 111 of 1989 dated 6.7.89, summarily rejecting the application under section 115 CPC in affirmance of the judgment and decree dated 22.5.89 passed by the learned Subordinate Judge, Barisal in Title Appeal Nos. 7 and 8......appellate Court's judgment was not a proper judgment of reversal. For all the above reasons, we do not find any merit in this appeal. Hence the appeal is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 67
Chairman, Kushtia Cooperative Industrial Union Ltd Vs. Mujibur Rahman & others, 1992, 21 CLC (AD)
....or Special Leave to Appeal No. 283 of 1989 staying further proceeding in Title Execution Case No. 1 of 1986 pending in the Court of Assistant Judge, Kushtia Sadar. The execution case arose out of a decree for ejectment of the petitioner obtained by Opposite Party Nos. 1-2 in Title Suit No. 242 of...... the superior Court. Normally, therefore, an advocate's information will be honoured by the Court, unless a strong case for refusal is made out by the Court in its order of refusal. Ed. ..Category: Property Law | Date: | Hits: 98
Rafiqul Islam (Md) Vs. Mir Abdul Ali, 1991, 20 CLC (AD)
....ve, without consideration and was not acted upon and that by this deed the plaintiff has not acquired any tide to the suit land. 4. The learned Munsif, 4th Court, Narayanganj by his judgment and decree dated 30.11.82 dismissed the suit on the finding that the plaintiff never got possession of t...... record, the result of the judgment under review need not be disturbed. The appeal is, therefore, dismissed without any order as to costs. Ed. This Case is also Reported in: 44 DLR (AD) 176. ..Category: Property Law | Date: | Hits: 73
Joynal Abedin and others Vs. Mafizur Rahman & others, 1992, 21 CLC (AD)
.... Judgment: Latifur Rahman J.- This appeal by leave at the instance of defendants is directed against the judgment and decree of the High Court Division, Comilla Session, Comilla passed in Civil Revision No. 308 of 19......, the judgment of the learned Single Judge suffers from legal infirmity and the same is liable to be set aside. In the result, the appeal is allowed without cost. Ed. ..Category: Property Law | Date: | Hits: 57
Musa Ali Vs. Nur Ahmed and others, 1992, 21 CLC (AD)
....: Defendant No. 3 is the appellant in this appeal by special leave. Upon dismissal of the plainfiff‑respondant's Title Suit No. 129 of 1958 by the learned Munsif, Cox's Bazar by judgement and decree dated 24‑11‑60 the learned Subordinate Judge, Chittagong by those dated 20‑......ned Advocate for the respondents and have gone through them in this case. Order of the Court. By majority decision the appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 52
Chanjury Talukder and another Vs. Chingneshay Magni and others, 1992, 21 CLC (AD)
....e High Court Division, Barisal Bench in First Appeal No. 123 of 1980). Judgment Mustafa Kamal J.- The appeal by leave by defendant Nos. 1 and 2 is from the first appellate judgment and decree dated 23‑8‑88 passed by the High Court Division, Barisal Bench in First Appeal No. 123 of......ding on the plaintiff. For all the above reasons we do not find any merit in this appeal which is dismissed without costs. Ed. This Case is also Reported in: 12 BLD (1992) (AD) 253. ..Category: Property Law | Date: | Hits: 52
Jogendra Nath alias Govinda Sarker Vs. Amulya Chandra Sarker and others, 1992, 21 CLC (AD)
....ngs the learned Subordinate judge dismissed the suit by judgment dated 26.5.75. 7. As already noticed, the plaintiff’s appeal, F.A. No, 140 of 1978, against the said judgment and decree filed in the High Court Division proved unsuccessful. 8. Khondkar Mahbubuddin A......others. The prayer for separate saham by defendants 7, 9 and 11 was refused as the suit was dismissed. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 77
Jamuna Oil Company Limited and another Vs.SK Dey and another, 1992, 21 CLC (AD)
....lants is from the judgment and order of the High Court Division in Civil Order No. 1985 of 1990 dated 30.10.90 rejecting the revisional application summarily and thereby affirming the judgment and decree of the Additional District Judge passed on 15.9.90 in Title Appeal No. 316 of 1990 in affirm......d judgment of the High Court Division as well as the decree passed by the two Courts below. The appeal is, therefore, allowed and the suit of respondent No. 1 is dismissed. No costs. Ed. ..Category: Employment/Service Law | Date: | Hits: 89
Abdus Sattar Vs. Abdul Rahman @ Abdur Rahman and others , 1992, 21 CLC (AD)
.... Judgment: ATM Afzal J: This is a plaintiffs appeal by leave which arises out of the judgment and decree dated 6 November 1985 passed by a Single Judge of the High Court Division (at Sylhet) in Se......ating to the finding of adverse possession made by the High Court Division, the appeal cannot succeed in any case. In the result, therefore, the appeal is dismissed with cost. Ed. ..Category: Property Law | Date: | Hits: 62
Government of Bangladesh Vs. Chand Mia and others, 1992, 21 CLC (AD)
...., Ministry of Works, plaintiff, from the judgment of the High Court Division dated 1‑2‑90 in Civil Revision No. 709 of 1988 making the Rules absolute and setting aside the judgment and decree passed by the learned Subordinate judge, 4th Court, Dhaka on, 25‑6‑88 in Title A......f‑appellant. Hence the order portion of the lower appellate Court needs modification. The appeal is, therefore, allowed but with no cost. The plaintiffs suit is decreed. Ed. ..Category: Property Law | Date: | Hits: 56
Government of Bangladesh Vs. Aziz Molla, 1992, 21 CLC (AD)
....9;Record-For the Respondents 1(c) & 1(d). Not represented ‑Respondent Nos. 1(a) to 1 (b), 1(c) to 1(I) and 2. Civil Appeal No. 4 of 1986 (From the judgment and decree dated 15th July, 1985 passed by the High Court Division, Barisal Bench in Second Appeal No. ......ant‑Government is illegal, without jurisdiction and not binding upon the plaintiffs. Order of the Court By a majority decision the appeal is allowed without cost. Ed. ..Category: Others | Date: | Hits: 178
Sahera Khatun and another Vs. Anwara Khatun and others, 1992, 21 CLC (AD)
....rises out of judgment and order dated 16 August, 1990 passed by a Single Judge of the High Court Division, Dhaka in Civil Revision No. 837 of 1985 discharging the Rule and upholding the concurrent decree of the Courts below in Title Suit No. 197 of 1977. 2. Plaintiff‑respondent No.......rected himself to an extent causing an error in the decision and/or resulting in a failure of justice. There is thus no substance in this appeal which is dismissed with costs. Ed. ..Category: Property Law | Date: | Hits: 58
Somedullah Vs. Mahmud Ali , 1991, 20 CLC (AD)
....and Decree dated 5.6.84 passed by the High Court Division, Sylhet in Second Appeal No. 259 of 1971). Judgment Mustafa Kamal J.- The plaintiffs are the appellants by leave from the judgment and decree dated 5‑6‑84 passed by a Division Bench of the High Court Division, Sylhet Bench in Secon......t sale with a condition of re‑purchase. We do not find any good ground for interference. Hence the appeal is dismissed with costs. Ed. This Case is also Reported in: 44 DLR (AD) (1992) 83. ..Category: Property Law | Date: | Hits: 63
Korban Ali Talukder @ Korap Ali Talukder Vs. Abdul Jalil Sarkar and others, 1991, 20 CLC (AD)
.... directed against Judgment dated 17 March, 1985 passed by a learned Single Judge of the High Court Division (Rangpur Bench) in Civil Revision No. 895 of 1979 setting aside the concurrent judgment and decree of the Courts below dismissing Title Suit No. 48 of 1971. 2. Plaintiff‑respondent No. 1 ......e appeal is accordingly, allowed without any order as to cost. The judgment and decree as passed by the learned Additional District Judge, Pabna are restored. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 93
Fazar Ali Vs. Sikandar Ali, 1992, 21 CLC (AD)
....e‑on‑Record – For the Appellant Mohammad Ayub, Advocate‑on‑Record ‑ For the Respondent. Civil Appeal No.54 of 1986 (From the Judgment and decree dated 3rd June, 1985 passed by the High court Division, Sylhet Bench, Sylhet in Second Appea......y reasons whatsoever. Accordingly, the judgment and decree passed in Second Appeal is set aside and the suit is decreed. Thus appeal is allowed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 56
Dudu Mia Vs. Ekram Mia Chowdhury, 1992, 21 CLC (AD)
....e deceased and substituted by his legal heirs) who is the son of aforesaid Ekram Miah Chowdhury was die principal defendant in the suit. 3. The learned Subordinate Judge by his judgment and decree dated 28.8.70 dismissed the suit whereupon the plaintiff filed appeal in the then High Court......sp; Ed. ..Category: Procedural Law | Date: | Hits: 122
Abdul Mannan Vs. Jobeda Khatun & others, 1992, 21 CLC (AD)
....- On 7th December, 1991, appellant instituted Title Suit No.874 of 1979 in the First Court of Subordinate Judge, Dhaka for specific performance of a contract for exchange of property. The suit was decreed ex parte on 15th February, 1980. For setting aside that decree respondent No. 1 instituted ......, 1985 it refused to set aside its earlier direction to the trial Court for the disposal of the Order 9, rule 13 matter. In view of the above, the appeal is allowed. No costs. Ed. ..Category: Property Law | Date: | Hits: 64
Mohammad Ali & others Vs. Circle Officer, (Revenue) Dhaka and others, 1992, 21 CLC (AD)
....fzal J: There was a delay of 2 months 13 days in filing Title Appeal no. 127 of 1988 in the Court of the District Judge, Dhaka by the Defendant respondents (the Government and its officers) against a decree dated 22.3.88 declaring the plaintiff‑petitioners' title to a big pond in the city of Dhaka......tion of delay and ultimately found reasonable explanation for the delay in filing the appeal". All in all, it was done within the limits of its revisional powers. The petition is dismissed. Ed. ..Category: Limitation Law | Date: | Hits: 185
MA Wahab and another Vs. Abul Kalam and another, 1992, 21 CLC (AD)
....p; Mustafa Kamal, J: The trial Court having dismissed the defendants application under Order IX, Rule 13 of the Code of Civil Procedure for setting aside the ex parte decree passed against them on 28‑7‑85, they preferred an appeal to the High Court Divis......ehind his back and without his knowledge, the suit was rightly restored by the High Court Division on terms and we find no ground for interference. The petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 99
Mrinal Kanti Guha and others Vs. Brajendra Lal Dhar and others, 1992, 21 CLC (AD)
.... allowing Miscellaneous Case No. 56 of 1979 under Order 41 rule 19, CPC. 2. The plaintiff‑appellants' Other Suit No. 95 of 1973 for declaration of title and recovery of possession was decreed against the defendant-respondents ex parte on 11. 8.75. Respondent Nos. 1 and 2 instit......e the order has been passed upon proper assessment of evidence we find no ground to interfere with the same. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: | Hits: 50
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