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Sadharan Bima Corporation Vs. Sanjib Kumar Das & another, 1995, 24 CLC (AD)
....ant No.1 Sadharan Bima Corporation by leave is from the judgment and order dated 24.8.93 of the High Court Division passed in Appeal from Original Decree No. 267 of 1992, affirming the judgment and decree dated 3.11.92 passed by the learned Subordinate Judge, Chittagong in Money Suit No. 2 of 19......nterpretation given by the High Court Division, we dismiss the appeal for the reasons above without any order as to costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 97 ..Category: Business or Commercial Law | Date: | Hits: 114
Abdul Hakim (Md) Vs. Genandra Nath Bashu Roy, 1995, 24 CLC (AD)
....s challenged two orders dated 13.11.1993 and 21.11.1993 respectively in the revision case. The petitioners by filing an application on 24.9.1991 raised the objection of limitation for executing the decree dated 31.3.1970 passed in other class Suit No. 149 of 1967. They also claimed that the exec......ve no locus standi in the matter (Other Class Execution Case No.4 of 1993). The petition is accordingly dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 95 ..Category: Civil Law | Date: | Hits: 109
C Q M H Md. Ayub Ali Vs. Bangladesh and others, 1995, 24 CLC (AD)
.... is an abandoned property and claiming possession thereof. The suit was ultimately transferred to the Additional Court of Munsif. Dhaka and was renumbered as Title Suit No.14 of 1986. The suit was decreed ex parte against the original owner by judgment and decree dated 26.7.1986. The appellant o......ied upon and further that there has been a failure of fair trial in the Court of Settlement which arrived at its conclusion in violation of the principles of natural justice. ..Category: Property Law | Date: | Hits: 86
Quazi Din Mohammad Vs. Al_haj Arzan Ali and another, 1995, 24 CLC (AD)
....n Ahmed CJ.- This appeal by special leave is directed against a decision of the High Court Division dated 14 July 1993 in first Appeal No. 87 of 1986 confirming the Subordinate Judge's Judgment and decree in Title Suit No. 46 of 1979. Questions raised in this appeal are whether specific performan......(b) and 28(a) of the Specific Relief Act. In the result, the appeal is dismissed without, however, any costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 48. ..Category: Property Law | Date: | Hits: 69
Sova Rani Guha alias Sova Rani Gupta Vs. Abdul Awal Mia and others, 1995, 24 CLC (AD)
....sp; MH Rahman J- This appeal by special leave, at the instance of defendant No. 6, is directed against the judgment and decree of the High Court Division passed in Civil Revision No. 327 of 1980 decreeing the respondent......er entitlement under section 4 of the Partition Act, .1893 was not at all satisfactory. The appeal is dismissed. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 45 ..Category: Property Law | Date: | Hits: 51
Rabjel Mondal Vs. Didar Mondal and others, 1994, 23 CLC (AD)
....Rabjel Mondal .........................Appellant Vs. Didar Mondal and others.................. Respondents Judgment November 8, 1994. Result: The decree is dismissed. Words and phrases Hiba and Ariyal There is a distinction between gi......cally opposed rule of custom that mauled the outstanding feature of the property rights expounded by the Muslim Jurists." 16. Sar Anjam Khan's case however arose from a pre‑nuptial deed of dower contained in a Kabin Nama in which the question was whether a life interest was created or the..Category: Property Law | Date: | Hits: 146
Syed Mohammad Salem Azam and others Vs. Secretary, Ministry of Works, Govt. of BD, 1995, 24 CLC (AD)
....rnment of the People's Republic of Bangladesh being a party thereto contended that the disputed premises was an abandoned property but the trial Court held that it was not an Abandoned Property. A decree was however passed in favour of respondent No. 4. The appellants filed Miscellaneous Case No...... order of respondent No. 1 dated 9.11.93 is set aside as being without lawful authority and of no legal effect. No costs. Ed. This case is also reported in: 47 DLR (AD) (1995) 38 ..Category: Property Law | Date: | Hits: 62
Samsun Shipping Corporation Vs. Hossain and Sons and others, 1995, 24 CLC (AD)
....is the plaintiff’s case that it is the holder of clean bills of lading and the defendants can neither claim lien on the cargo nor refuse to deliver the cargo to the plaintiff. It prayed for a decree of mandatory injunction against defendant Nos. 1 and 2 compelling them to discharge the car......e any relevance to the matter in issue. We do, not find any ground to interfere. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 31 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 228
Abdul Motaleb and others Vs. Shahed Ali and others, 1995, 24 CLC (AD)
....ecution Case No. 11 of 1993 of the Court of Subordinate Judge, Narayanganj, Defendant Nos. 2‑6 filed an application under section 152 of the Code of Civil Procedure for amendment of the final decree passed in Title Suit No. 27 of 1984. The said application was rejected by the executing Cour...... for the petitioners, could not show any error of law in passing the impugned order. 4. The petition is dismissed. Ed. This case is also reported in: 47 DLR (AD) (1995) 09 ..Category: Property Law | Date: | Hits: 64
Khaledur Reza Chowdhury (Md) Vs. Saleha Begum and others, 1996, 25 CLC (AD)
....y of amendment. The High Court Division should have realised that if the impugned judgment stands the appellant in the event of his success in the earlier suit will not be able to obtain an effective decree at all. It will befit all purposes an infructuous decree. In the event of his success in the ......t and order are set aside and the order dated 6-2-93 passed by the learned Subordinate Judge in Title Suit No.415 of 1984 is restored. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 209. ..Category: Property Law | Date: | Hits: 59
Haji Kasimuddin Mandal Vs. Md. Jalaluddin Pramanik, 1996, 25 CLC (AD)
....ave is directed against the judgment and order dated 22 June 1993 passed by a learned Single Judge of the High Court Division in Civil Revision No. 6930 of 1991 (Dhaka) setting aside the judgment and decree dated 15 July 1985 passed by the Small Cause Court Judge, Bogra and directing the trial Judge......der of the High Court Division and restore the judgment and decree of the Court of Small Causes, Bogra. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 305, 48 DLR (AD) (1996) 205 ..Category: Tenancy Law | Date: | Hits: 87
Bangladesh Shipping Corporation and other Vs. Rakibuddin Ahmed and others, 1996, 25 CLC (AD)
....udgment and order dated April 7, 1993 passed by a Division Bench of the High Court Division in Civil Revision No.1380 of 1991 discharging the Rule and thereby upholding the concurrent judgments and decrees of the Courts below in a suit for declaration. 2. In the year 1970, plaintiff Rakibu...... Civil Petition No. 39 of 1994 at the instance of the Government is dismissed as time-barred. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 283, 48 DLR (AD) (1996) 203 ..Category: Employment/Service Law | Date: | Hits: 77
Fazle Karim and others Vs. Government of Bangladesh and others, 1995, 24 CLC (AD)
....Accordingly, leave was granted to consider whether the High Court Division has correctly decided the issue as to service of notice of acquisition, in the facts of the present case while upholding the decree passed in favour of the plaintiffs.” 4. After recounting all the facts, findings and de......a rehearing of the matter. If a case is permitted on these grounds, there will not be case for refusal. The petition is dismissed. Ed. This Case is also Reported in: 48 DLR (AD) (1996) 178...Category: Property Law | Date: | Hits: 80
Wazed Ali Sardar (Md) Vs. Md. Afsaruddin Sardar and others, 1996, 25 CLC (AD)
....tatement stating, inter alia, that he has sold some of the suit land to the appellant and others whereupon respondent No.1 impleaded those purchase as defendant Nos. 30-36. The Suit was ultimately decreed exparte on 28-1-1985. 3. Thereafter the appellant preferred Miscellaneous Case No.79......igh Court Division is liable to be set aside. In the result, the appeal is allowed without any order as to costs. Ed. This case is also reported in: 48 DLR (AD) (1996) 159 ..Category: Procedural Law | Date: | Hits: 133
Abul Bakar Siddique (Md) Vs. Additional Deputy Commissioner, Kurigam and others, 1996, 25 CLC (AD)
....bsp; Latifur Rahman J: The plaintiff filed OC Suit No. 60 of 1991 in the Court of Assistant Judge Ulipur Kurigram. The said suit as dismissed by the trial Court. Against the aforesaid judgment and decree the plaintiff preferred Other Appeal No. 30 of 1992 in the Court of District Judge, Kurigram......the impugned judgment and order of the learned Single judge of the High Court Division. The petition is dismissed. Ed. This case is also reported in: 48 DLR (AD) (1996) 154 ..Category: Property Law | Date: | Hits: 63
Sadharan Bima Corporation Vs. Bengal Liner Ltd. and another, 1996, 25 CLC (AD)
....ed damage to a ship caused by a peril insured against in a Marine Hull Policy of Insurance is the central theme of this appeal by leave by defendant Sadharan Bima Corporation from the Judgment and decree of the Admiralty Court of the High Court Division dated 9-12-91 in Admiralty Suit No. 9 of 1...... decreed for an amount of US $ 5,87,028.00 including cost to the plaintiff-respondent which we assess at US $ 53, 366.00. Ed. This case is also reported in: 48 DLR (AD) (1996) 143 ..Category: Business or Commercial Law | Date: | Hits: 151
ADC (Revenue), Pabna Vs. Md. Abdul Halim Mia, 1996, 25 CLC (AD)
....dated 26.6.89 passed by a learned Single Bench of the High Court Division. Rangpur Bench in Civil Revision No.399 of 1984, discharging the Rule. 2. Md. Abdul Halim Miah obtained an ex parts decree on 12.8.59 in OC Suit No. 15 of 1959 from the 2nd Court of Munsif, Pabna. He instituted OC E......d and the respondents Execution Case No.5 of 1977 is dismissed as being barred under section 48 CPC. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 126, 48 DLR (AD) (1996) 141 ..Category: Civil Law | Date: | Hits: 133
Fazlur Rahman Shah Vs. Md. Arifur Rahman @ Badsha Chairman, 1996, 25 CLC (AD)
....Afzal CJ.- Plaintiff-Appellant’s suit for eviction of the defendant-respondent from the suit shop, SCC Suit No. 1 of 1985 of the SCC Court and Second Court, Assistant Judge, Bogra Sadar was decreed but on a revision taken by the defendant, Civil Revision No. 885 of 1986 (Dhaka), a Single ......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 ..Category: Property Law | Date: | Hits: 52
Monoranjan Barua Vs. Mirza Masud Hossain and others, 1996, 25 CLC (AD)
....is appeal by leave b the defendant is against the judgment and order dated. 26.6.94 passed by a Single Judge of the High Court Division in Civil Revision No.668 of 1989, affirming the judgment and decree dated 25.6.89 passed by the SCC Judge and 3rd Subordinate Judge Dhaka in SCC Suit No.31 of 1......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 ..Category: Property Law | Date: | Hits: 56
Irfan Sayed (Md) Vs. Mrs. Rukshana Matin and others, 1996, 25 CLC (AD)
.... by the Senior Assistant Judge, 5th Court, Dhaka refusing to reject the plaint under Order 7 rule 11 of the Code of Civil Procedure. 2. The plaintiff instituted the Title Suit praying for a decree for mandatory injunction directing the defendants to send his minor son Md. Ibraaz Syed to 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 ..Category: Family Law | Date: | Hits: 162
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