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Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......mdash;For the Appellant. Md. Fazlul Karim, Senior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record-For the Respondent. Civil Appeal No. 28 of 1993. (From the judgment and order dated 26 January 1992 passed by the High Court Division, Dhaka in Civil Revision No. 885 ......able in law. For the reasons aforesaid the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 258, 48 DLR (AD) (1996) 138 ......ion thereof. Plain orally informed the defendant about his purchase on 15-2-1983 and published news about the said kabala in the local dailies. Thereafter by a registered notice dated 14-8-1983 the plaintiff informed the defendant about his purchase of the suit premises and the defendant to pay r..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......uf J Monoranjan Barua……………………………………….. Appellant Vs. Mirza Masud Hossain and others ……….Respondents Judgment May 16th, 1996 Lawyer......ivision is set aside and the suit is dismissed. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 130 ......f a monthly tenant. 2. The suit was filed by the respondents and their father Mirza Murshal Hossain against the defendant-appellant for his ejectment and for realisation of arrear rent. The plaintiffs’ case, inter alia, is that Mirza Murshal Hossain and his wife Begum Shamsun Nahar,..Category: Property Law | Date: | Hits: 56
Abdul Wadud Contractor and another Vs. Nazir Ahmed and others, 1996, 25 CLC (AD)
.... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ...... Civil Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Abdul Wadud Contractor and another…………………….Appellants Vs. ...... that prayer for the proposed amendment of the plaint. The appeal is, therefore, dismissed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 120 ......ircuit Bench, Chittagong in Civil Revision No. 50 of 1985). Judgment: Md. Ismailuddin Sarker J: This appeal by the: plaintiff-appellants by leave granted by this court in Civil Petition for leave to Appeal No. 224 o..Category: Property Law | Date: | Hits: 52
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
....f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......p;……………………………………………...Plaintiff-Appellant Vs. Mrs. Rukshana Matin and others……………………………&h......f legal acumen and hence the same is set aside. In the result, the appeal is allowed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 134 ......5th April, 1995 passed by the High Court Division, Dhaka in Civil Revision No. 4002 of 1994). Judgment: Latifur Rahman J: This appeal by plaintiff appellant is directed against the judgment and order dated 5.4.95 passed by a Single Judg..Category: Family Law | Date: | Hits: 162
Jamila Khatun Vs. Rustom Ali, 1996, 25 CLC (AD)
....emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......ases Referred to- Abdul Futfer Moulvie Vs. Pabunesa Khatun, (1881) ILR 6 (Cal) 631; Mst. Ghulam Fatima Vs. Sheikh Muhammad Bashir, PLD 1985 (WP) (Lahore) 596; Sardar Muhammad Vs. Most. Nasima Bill and ors, 19 DLR (WP) 50 = PLD 1966 (Lahore) 703; Sirajul Islam Vs. Halena Begum and Ors. 48 DLR (HCD......emaining unchanged. In the result the appeal is allowed in part. No Costs. The trial Court’s decree is to be amended accordingly. Ed. This case is also reported in: 48 DLR (AD) (1996) 110. ......nt and her son and that the High Court Division wrongly held that the appellant was not entitled to past maintenance in the absence of a written document. 3. The suit was filed by the appellant as plaintiff on the allegations, inter alia, that the appellant and the respondent were married on 3.8...Category: Family Law | Date: | Hits: 198
Tafazal Ahmed Contractor Vs. Abdur Rahim and others, 1996, 25 CLC (AD)
....rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ...... (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Tafazal Ahmed Contractor.……………………………..Appellant Vs. Abdur Rahim and others……………………………. Respondents Judgment February, 1996. Result: ......rred in law in affirming the judgment and decree of the lower appellate Court. In the result, the appeal is dismissed with costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 94. ...... (From the Judgment and Order dated 20-8-90 passed by the High Court Division, Chittagong Sessions in Civil Revision No.183 of 1984). Judgment Mustafa Kamal J.- This appeal by leave by the plaintiff-appellant is from the revisional judgment and order dated 20-8-90 passed by a learned Sing..Category: Property Law | Date: | Hits: 63
Continental Corporation (Pvt.) Ltd. Vs. Al-Haj Md. Ismail, 1996, 25 CLC (AD)
...., therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......ecord — For the Appellant. Moksudur Rahman, Senior Advocate, instructed by Shamsul Haque Siddique, Advocate-on-Record— For the Respondent. Civil Appeal No. 80 of 1994. (From the judgment and order dated 22nd June, 1994 passed by the High Court Division, Dhaka in Civil Revision No. 7404 ......, therefore, the appeal is allowed without any order as to cost and the impugned judgment and order are set aside. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 141, 48 DLR (AD) (1996) 90 ......t it would pay a fixed amount of Tic. 60 as WASA charge. It was also stipulated that after the expiry of the agreement the parties would be at liberty to renew the same. 3. It is admitted that the plaintiff-respondent after purchasing the suit-building served notice upon the appellant on 11.11.19..Category: Tenancy Law | Date: | Hits: 82
Moti Mia Vs. Ayesha Khatun and another, 1996, 25 CLC (AD)
....easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......ellip;…………………………………………..Plaintiff-Appellant Vs. Ayesha Khatun and another ………………Respondents Judgment ......easonings therefor. For the reasons stated above, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 64 ......sion, Comilla Sessions, Comilla in Civil Revision No. 201 of 1984). Judgment: Latifur Rahman J- This appeal by leave at the instance of the plaintiff is directed against the judgment and order dated 15th July, 1987 passed by learned Single..Category: Property Law | Date: | Hits: 72
Managing Director, Rupali Bank Ltd. Vs. Md. Nazrul Islam Patwary & others, 1996, 25 CLC (AD)
....ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......n-Record— For the Appellants. Shamsul Haque Siddique, Advocate-on-Record— For Respondent No.1. Not represented — Respondent Nos. 2-6. Civil Appeal No. 20 of 1994 (From the judgement and order dated 27.1.1992 passed by the High Court Division in Civil Revision No. 3663 of 1991). ......ide the order of termination on merit has been upheld upto the High Court Division. As a result, the appeal is dismissed with costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 62. ......peal No. 276 of 1987 affirming those dated 26 September 1987 passed by the Assistant Judge, Ramganj decreeing Title Suit No. 41 of 1986 and declaring thereby that the termination of employment of the plaintiff has been done illegally and without any lawful authority and that the plaintiff is still i..Category: Labour and Industrial Law | Date: | Hits: 152
W B Industrial Corporation Ltd. and others Vs. Deen Mohammad Rana and another, 1996, 25 CLC (AD)
.... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ......on (Civil) Present: Shahabuddin Ahmed CJ MH Rahman J ATM Afzal J Mustafa Kamal J Latifur Rahman J W B Industrial Corporation Ltd. and others ……………Petitioners Vs. Deen Mohammad Rana ...... place it before us. They have failed to assail the above findings of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 50 ...... petitioners instituted Title Suit No. 30 of 1992 in the Court of Subordinate Judge and Artho Rin Adalat No. 2. Dhaka for a declaration that the sale of the Leather Board Manufacturing industry of plaintiff No. 1 WB Industrial Corporation Ltd. at Kalurghat, Chittagong by the Bangladesh Shilpa Ba..Category: Business or Commercial Law | Date: | Hits: 107
Attar Mia and another Vs. Mahmuda Khatun Chowdhury, 1996, 25 CLC (AD)
....to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Attar Mia and another……………………………&......to cannot be accepted. In the result, therefore, the appeal is dismissed without any order as to cost. Ed. This case is also reported in: 48 DLR (AD) (1996) 16 ......Division, Dhaka in Civil Revision No. 2437 of 1990 (Dhaka) (Civil Revision No. 66 of 1988 (Sylhet). Judgment ATM Afzal CJ.- This is a plaintiffs’ appeal by leave and it arises out of a suit for pre-emption under the Mohammedan ..Category: Property Law | Date: | Hits: 84
Kamiruddin and others Vs. Md. Mokshed Ali Biswas and others, 1996, 25 CLC (AD)
.... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ...... Appellate Division (Civil) Present: ATM Afzal CJ Mustafa Kamal J Latifur Rahman J Md. Abdur Rouf J Md. Ismailuddin Sarker J Kamiruddin and others............................... Appellants Vs. Md. Mokshed Ali Biswas and ...... be set aside. In the result the appeal is allowed and the impugned order set aside without any orders as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 14 ......366 of 1992) Judgment: Md. Ismailuddin Sarker J.- This appeal by leave is by the plaintiff-appellants against the judgment and order dated 4.8.1993 passed by a learned Single Judge..Category: Property Law | Date: | Hits: 61
Bangladesh Vs. Md. Suruzzamal and others, 1996, 25 CLC (AD)
....ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ...... Appellate Division (Civil) Present: M H Rahman CJ Mustafa Kamal J Latifur Rahman J Bangladesh, represented by the Secretary, Ministry of Public Works and Urban Development………………………&hellip......ut any order as to costs. Title Suit No. 339 of 1981 is dismissed and Title suit No. 69 of 1981 is decreed without costs. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 1. ......urban Development in 20.6.79 for releasing the suit property in his favour being a lawful auction-purchaser thereof. 4. Instead of granting any relief to the auction- purchaser Bangladesh as plaintiff instituted in the 3rd Court of Subordinate Judge. Dhaka Title Suit No. 69 of 1981 on 18...Category: Property Law | Date: | Hits: 61
Basiruddin Sarkar Vs. Jasimuddin Sarkar and others, 1972, 1 CLC (HCD)
....The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......-Hakim J TH Khan J Basiruddin Sarkar................Appellant Vs. Jasimuddin Sarkar and others............Respondents Judgement August 21, 1970. Cases Referred ......The result, therefore, is that the appeal is dismissed without any order as to costs. The judgment and decree of the trial Court as upheld by the lower appellate Court are affirmed. Ed. ......965 affirming the judgment and decree of the Subordinate Judge, Rajshahi in Title Suit No. 35 of 1962. 2. The facts giving rise to this second appeal may be, briefly stated, as follows: The plaintiff filed the above suit for partition in respect of the properties mentioned in schedule 'Ka..Category: Property Law | Date: | Hits: 51
Rakman Ali alias Md. Rakman Ali and others Vs. Hasib Ali Chowdhury and others, 1972, 1 CLC (HCD)
....servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ......ll be no order as to costs. Ed. ......servations made above after discussing and considering all the material evidence on record. 18. In the facts and circumstances of the case, there will be no order as to costs. Ed. ...... defendants 3, 5, 7, 8 and 10 and arises out of a suit for declaration of title and recovery of possession in the lands in suit as described in the schedule to the plaint. 2. The case of the plaintiffs, in short, is that the lands of Patta No. 47/2 belonged to them and their co-sharers an..Category: Property Law | Date: | Hits: 59
Dr. Rati Ranjan Choudhury Vs. Parul Bala Marwari and another, 1972, 1 CLC (HCD)
.... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ......reme Court High Court Division Civil Appellate Jurisdiction Present: TH Khan J Dr. Rati Ranjan Choudhury..............Appellant Vs. Parul Bala Marwari and another......Respondents Judgment June 18th, 1970. Cases Referred to: ...... meet with disappointment. The result, therefore, is that the appeal is dismissed without any order as to costs, the judgment and order under appeal is hereby confirmed. Ed. ...... Appeal from Appellate Order No. 57 of 1964 Judgment: TH Khan J.- This is a plaintiffs appeal and is directed against the judgment and order passed by the learned Subordinate ..Category: Property Law | Date: | Hits: 71
Syed Modaris Ali Vs. Syed Md. Illias Ali and others, 1972, 1 CLC (HCD)
....he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ...........Appellant Vs. Syed Md. Illias Ali and others.......... ......Respondents Judgment May 6th, 1971. Lawyers Involv......he observations made in the judgment. The cost of this appeal will abide by the result. In view of the above order, the cross-objection has lost its importance and is, therefore, rejected. Ed. ......st the judgment and decree dated 30th September, 1961 passed by the learned Subordinate Judge, 1st Court, Sylhet in Title Suit No. 21 of 1960 for partition of the properties in suit. 2. The plaintiffs case, in brief, was that Syed Mohd. Idris Ali the predecessor of the plaintiff and the d..Category: Property Law | Date: | Hits: 59
Pronab Kumar Majumder Vs. Hatem Mondal and others, 1972, 1 CLC (HCD)
....I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......: Nurul Islam J Pronab Kumar Majumder ...................Petitioner Vs. Hatem Mondal and others ............Opposite Parties Judgment November 5th, 1970. Cases Ref......I make no order as to costs. However, I direct the learned Munsif to dispose of the suit as expeditiously as possible. Let the records of this case be sent down expeditiously. Ed. ......y Nos. 1 and 4 contested the said application by filing written objection. Their case is that the alleged gift and family arrangement and the question of possession as sought to be made out by the plaintiff petitioner are all false and motivated. It is their further case Birendra died in Pakista..Category: Civil Law | Date: | Hits: 100
Suriya Begum and others Vs. Alimulla Mallik, and others, 1972, 1 CLC (HCD)
....o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......ed application is also thus disposed of. Ed. ......o proceed with the Money Suit expeditiously immediately after the decision of the Title Appeal in due time in accordance with law. The connected application is also thus disposed of. Ed. ......, 4th Court, Narayanganj refusing to stay proceedings of the said suit being Money Suit No. 12 of 1966 of his Court till the disposal of title Suit No. 144 of 1965 of the same Court. 2. The plaintiff-opposite-party Alimulla Mallick instituted Money Suit No. 12 of 1966 against the petition..Category: Property Law | Date: | Hits: 86
SK Shamsul Huda Vs. EPWAPDA, 1972, 1 CLC (HCD)
....f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......red to- Jai Berham vs. Kedar Nath Marwari, 49 IA 357; Province of West Bengal vs. Surja Kanta Jana, 58 CWN 424; Punjab Province vs. Dr. Lakshmi Das AIR 1944 Lahore, 149; Re Arban, Munshilal and Sons vs. Modi. Bros. 51 CWN 563 and of Nanhelal Ananddal Jain and another vs. Singhai Gulobchan......f the filing of the suit till the date of realisation. Fazle Munim J —I agree. Ed. ......ury—For the Respondent. Appeal from Original Decree No. 215 of 1963. Judgment: Maksum-ul-Hakim J.- This appeal at the instance of the plaintiff is directed against the judgment and decree passed by the Subordinate Judge, 2nd Court, C..Category: Others | Date: | Hits: 98
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