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Bangladesh Vs. Abdul Mannan and others, 1977, 6 CLC (AD)
....sion for an appeal to His Majesty in Council, but provided for an appeal to the High Court subject to the provisions of the Civil Procedure Code applicable to appeals from the original decree. It was, however, contended before the Judicial Committee of the Privy &nbs......rder as to costs the decision of the High Court is set aside and the case is sent back to the High Court Division for treating the matter as an appeal and dispose it of accordingly. Ed. ..Category: Property Law | Date: | Hits: 135
Abul Layes Vs. Mst. Anwara Khatun & legal representatives: Abu Sayed Ahmed & ors, 1977, 6 CLC (AD)
....ith House Rent Controller was a legal and valid discharge of liability. It was further contended that the appellant did not bonafide require the premises for his own accommodation. 4. The suit was decreed by the trial court which held that the respondent-tenant was a defaulter as he had no reason......ises. In the result, the appeal is allowed with costs althrough. The judgement of the High Court is hereby set-aside and those of the Trial Court and the first appellate Court are restored. Ed. ..Category: Tenancy Law | Date: | Hits: 76
Abdus Sobhan Vs. Anwar Rahim & others, 2001, 30 CLC (AD)
.... appeal is against judgment and order dated 3 1-5-1999 passed by a Single Bench of the High Court Division in Civil Revision No. 4197 of 1997 making the Rule absolute setting aside the judgment and decree passed by the learned Additional District Judge, 4th Court, Dhaka in Title Appeal No. 214 of......for our interference. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 110. ..Category: Property Law | Date: | Hits: 74
.... 2 approved the settlement in its meeting held on 28-1-1995 which was communicated to the petitioner by letter dated 25-2-1995 of respondent No. 2. The terms and conditions included that a compromise decree would be passed in the aforesaid suit accordingly. The petitioner by a letter dated 19-3-1995......fore the trial court with liberty to adduce evidence.
With that observation this petition is disposed of on condonation of delay.
Ed.
This Case is also Reported in: 53 DLR (AD) (2001) 91.
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Category: Civil Law | Date: | Hits: 109
Shahanara Khatun and other Vs. Abu Taleb Pramanik and others, 2001, 30 CLC (AD)
....ion of the tenant. 2. It appears from the judgment of the learned Single Judge of the High Court Division that the Misc. case was filed long after 5 years of the passing of the decree in Small Causes Court Suit No. 4 of 1987. The learned Single Judge further found that the M......ned judgment. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 90. ..Category: Property Law | Date: | Hits: 51
Abdul Khaleque Gazi and others Vs. Abdul Aziz Mollah and others, 2001, 30 CLC (AD)
....llowing amendment of the plaint. 2. The short fact leading to this petition is that the plaintiff filed Title Suit No. 173 of 1998 for permanent injunction which was eventually decreed on 30-1-1986. Thereafter in Title Appeal No. 50 of 1986 the learned Additional District Jud......ence. There is no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 82. ..Category: Procedural Law | Date: | Hits: 82
Zainal Abedin & another Vs. Md. Abdur Rahim, 2001, 30 CLC (AD)
.... The Code of Civil Procedure 1908 (V of 1908), Order XXI rule 32 Since an application under order XXI rule 32 of the Code of Civil Procedure for violation of a decree of permanent injunction is maintainable, the single bench decision holding that such an appl...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 69. ..Category: Property Law | Date: | Hits: 57
Monir Ahmed and ors. Vs. Forest Research Institute, Chittagong and ors. 2001, 30 CLC (AD)
....ment Kazi Ebadul Hoque J.- Plaintiff-petitioners seek leave to appeal from judgment and decree dated 10-6-1998 passed by a Division Bench of the High Court Division in First Appeal No. 11...... The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 68. ..Category: Property Law | Date: | Hits: 80
Momtazuddin Sarker and others Vs. Abdur Rob and others, 2001, 30 CLC (AD)
.... allegation that he is a co-sharer on the basis of a deed of gift and that the pre-emptee purchased the suit land on the basis of a registered deed of sale dated 3-3-1983 executed in pursuance of a decree passed in Title Suit No. 80 of 1978 and he came to know about the same after obtaining the ......he petitioners. The leave petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 67 ..Category: Property Law | Date: | Hits: 65
Zaher Ahmed Vs. Manik Sardar, 2001, 30 CLC (AD)
.... April 24, 2000. The Premises Rent Control Ordinance, 1963 (XX of 1963), Section 18(1) Under the Ordinance for getting a decree of eviction the landlord is to decide which premises out of many is required by him bonafide...... suit. In the result the appeal is allowed with cost. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 63. ..Category: Property Law | Date: | Hits: 69
Nuruzzaman (Md) Vs. Moazzem Hossain and others, 2001, 30 CLC (AD)
....the appellants during pendency of the appeal before pronouncement of the judgment of the appeal. The suit being one for declaration of title the revision arising from the decision of the appellate decree is required to be disposed of on merit………………(6)&nbs...... of the Civil Revision No. 1900 of 1991 before the High Court Division. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 56. ..Category: Property Law | Date: | Hits: 46
Moyenuddin Torafdar (Md) & others Vs. Tamijuddin Milky and others, 2001, 30 CLC (AD)
....der No. 3504 of 1996 summarily rejecting the revisional application. 2. Plaintiff filed a suit for declaration of title of the suit land and also further declaration that sole decree dated 18-7-1934 passed in Title Suit No. 441 of 1934 and sole decree passed in Partition Sui...... the submission. The leave petitioner is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 49 ..Category: Property Law | Date: | Hits: 49
Islamic Foundation Bangladesh Vs. Firoz Alam and others, 2001, 30 CLC (AD)
....ic Foundation, Bangladesh, arises out of an application for review of the judgment passed by a Division Bench of the High Court Division in FA No. 366 of 1995. The said appeal was from a judgment and decree of the Subordinate Judge, 3rd Court, Dhaka in Title Suit No. 171 of 1988. In that suit the pr......g a chance to the petitioner to try its luck once again on the plea of discovery of additional evidence. Leave is accordingly refused. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 48...Category: Property Law | Date: | Hits: 107
Nurul Islam and others Vs. Jamila Khatun and others, 2001, 30 CLC (AD)
.... Kazi Ebadul Hoque J.- Defendant-petitioners seek leave to appeal from judgment and decree of the Division Bench of the High Court Division dated 27-5-1998 passed in First Appeal No....... plaintiffs. The petition is dismissed. Ed. This Case is also Reported in: 53 DLR (AD) (2001) 45. ..Category: Property Law | Date: | Hits: 64
Board of Intermediate & Secondary Education Vs. Md. Mirajul Alam, 1995, 24 CLC (AD)
....appeal by the defendants is from the judgment and order of the High Court Division dated 23.2.95 passed in Civil Revision No. 127 of 1995 discharging the Rule and thereby affirming the judgment and decree of affirmance dated 30.10.94 of the 1st Court of Subordinate Judge, Rajshahi in Title Appea......dvanced by Mr. Majumder. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 41, 47 DLR (AD) (1995) 167 ..Category: Constitutional Law | Date: | Hits: 182
Haripada Ghose and another Vs. Gopal Chandra Ghose, 1995, 24 CLC (AD)
....n. Bishakha Gupta vs. Bepin Behari PLD 1957 Dhaka 548, by a Division Bench has come to our notice which may be said to support the view of Mr. Pal. It was an appeal arising out of the judgment and decree of refusal to grant Letters of Administration to the plaintiff by the Subordinate Judge. Jes...... just and proper and calls for no interference. The appeal is accordingly dismissed without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 164 ..Category: Property Law | Date: | Hits: 67
....1991 (Dhaka), remanding Title Suit No.251 of 1961, renumbered as Title Suit No.58 of 1962 of the Court of Subordinate Judge, Sylhet to the trial Court after setting aside the concurrent judgments and decrees of the courts below.
2. The predecessor of the appellant as plaintiff instituted the Titl.......
2. The predecessor of the appellant as plaintiff instituted the Title Suit stating, inter alia, that she got the Schedule‑1 land from her husband Abdul Quddus Chowdhury in consideration of her dower money, by a registered kabala dated 12.6.45 and that her husband purchased the same land by a ..
Category: Property Law | Date: | Hits: 46
Shahana Hossain Vs. AKM Asaduzzaman, 1995, 24 CLC (AD)
....or specific performance of contract for sale of house at Pallabi, Dhaka. On transfer to the Court of 2nd Subordinate Judge, Dhaka the suit was renumbered as Title Suit No.255 of 1985. The suit was decreed ex parte in favour of the plaintiff‑respondent. In Title Execution Case No.95 of 1985...... Division is set aside. The appellant is entitled to restitution in view of the disposal of the Miscellaneous Case by us. Ed. This case is also reported in: 47 DLR (AD) (1995) 155 ..Category: Property Law | Date: | Hits: 68
Superintending Engineer and others Vs. Kazi Asaduzzaman and others, 1995, 24 CLC (AD)
....Single Judge of the High Court Division dated 25.11.91 in Civil Revision No.4012 of 1991 (Dhaka)/Civil Revision No. 58 of 1988 (Jessore) discharging the Rule and thereby affirming the judgment and decree dated 15.9.87 passed by the learned Subordinate Judge, Narail in Title Appeal No. 29 of 1985......sons the impugned judgment and order of the High Court Division cannot be sustained. The appeal is allowed without costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 152 ..Category: Property Law | Date: | Hits: 124
Golam Rahman Vs. Hazera Khatun, 1995, 24 CLC (AD)
.... disbelieving the plaintiff's claim of alleged title and possession in the suit land. On appeal, however, Title Appeal No, 133 of 1984, the learned Subordinate Judge, Chuadanga allowed the same and decreed the suit. The learned Subordinate Judge found title of the plaintiff on the basis of adver......r is set aside and the appeal is allowed without any order as to costs. The suit is dismissed. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 211, 47 DLR (AD) (1995) 108 ..Category: Property Law | Date: | Hits: 47
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