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Hasina Begum Vs. Province of East Pakistan, 1972, 1 CLC (AD)
....suit being Title Suit No. 50 of 1966 before the Subordinate Judge, 4th Court, Dacca, for a direction to the respondent No. 2 to register the Sale Deed. The trial Court however, by his judgment and decree dismissed the same. Thereafter the petitioner filed an appeal being Title Appeal No. 20 of 1......ment for registration within a period of 1 (month) from today. In view of the facts of this case, the petitioner is entitled to his cost which we assess at Rs. 170.00 in all. Ed. ..Category: Property Law | Date: | Hits: 73
Salma Khatun and others Vs. Zilla Parishad, Chittagong, 1999, 28 CLC (AD)
....tructed by Md. Abu Siddique, Advocate-on- Record—For Respondent No. 1. Not Represented — Respondent Nos. 2-4. Civil Petition For Leave to Appeal No. 447 of 1998. (From the judgment and decree dated -1 -1998 passed by the High Court Division Dhaka in FA No 39 of 1995). Judgment: ....... They are not entitled to a declaration of title. 6. We do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 257. ..Category: Tenancy Law | Date: | Hits: 82
Red Sun Limited & Others Vs. Uttara Bank, 1999, 28 CLC (AD)
.... long. The defendants must take the consequence of their own laches. Moreover there is nothing specific to show that the defendants were absent from the country on the date of passing the ex parte decree…..(5) Lawyers Involved: Md. Abdul Hannan, Senior Advocate, instru......dants were absent from the country on the date of passing of the ex parte decree. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 256. ..Category: Civil Law | Date: | Hits: 115
Shamsunnahar Salam and others Vs. Mohammad Wahidur Rahman and others, 1999, 28 CLC (AD)
....oted above, except declaring the impugned action to be illegal are themselves plainly illegal and never made in the special jurisdiction of writ. They are as if the High Court Division is passing a decree as to title and possession between the contending parties like a Civil Court. However extra...... the writ to be illegal and without jurisdiction. The petitions are dismissed with the observations as above. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 232. ..Category: Property Law | Date: | Hits: 64
Bangladesh Shilpa Rin Sangstha Vs. Rahman Textile Mills Ltd and others, 1999, 28 CLC (AD)
....d for in the two suits are more or less the same and therefore, it will be sufficient to notice the reliefs prayed for in one suit, namely, Title Suit No. 24 of 1993 which are as follows: “(a) A decree be passed in favour of the plaintiff against the defendant Nos. 1, 2 and 3 declaring that the...... my learned brother Mustafa Kamal J. Order of the Court By majority both the appeals are allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 221...Category: Property Law | Date: | Hits: 77
Latifa Akhter and others Vs. State and another, 1999, 28 CLC (AD)
....e custody of the complainant. Appellant No. 1 suppressing the re-marriage filed OC Suit No. 5 of 1991 before the Upazila Court, Sonargaon impleading an unknown person as a defendant and obtained a decree on 24-7-91 for disposal of the property of the minors by suppressing the truth and practici...... High Court Division is not sustainable in law. Consequently, the appeal is allowed and the proceedings are quashed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 159. ..Category: Criminal Law | Date: | Hits: 69
Chandan Mondal Vs. Abdus Samad Talukder & others, 1999, 28 CLC (AD)
....on the averments, inter alia, that the plaintiff respondents had no title and possession in the land in suit and the defendant-appellants were not tenants under the plaintiffs. 4. The trial Court decreed the instant suit for eviction by its judgment and decree passed on July 27, 1981 on the find......ree of the learned Judge of the High Court Division and dismiss the suit. The appeal is allowed and without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 150. ..Category: Tenancy Law | Date: | Hits: 62
Managing Director, Janata Bank Vs. Md. Bazlur Rahman and others, 1997, 26 CLC (AD)
....the respondent was termination simpliciter under Regulation 13(2) of Janata Bank Employees Service Regulations and the respondent is not entitled to get any relief in the suit. 3. The trial Court decreed the suit on the finding that the suit was maintainable in the civil Court by Judgment and de......In the face of such finding of fact we do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 141; 50 DLR (AD)(1998) 17. ..Category: Employment/Service Law | Date: | Hits: 98
....rtificate in favour of auction- purchaser - respondent in Mortgage Execution Case No. 5 of 1992 and staying Mortgage Execution Case No. 5 of 192 till disposal of Other Suit No. 68 of 1992.
2. The decree-holder Rupali Bank obtained Mortgage decree on 2-5-85 in Mortgage Suit No. 21 of 1985 in the ......l of Other Suit No. 68 of 1992 is illegal and not called for in the facts of the present case.
Both the petitions are dismissed.
Ed.
This Case is also Reported in: 51 DLR (AD) (1999) 116.
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Category: Property Law | Date: | Hits: 85
Elias(Md) Vs. Jesmin Sultana, 1999, 28 CLC (AD)
....ommending amendment in the Muslim Family Laws Ordinance, 1961 (Ordinance No.VIII of 1961) prohibiting polygamy which was totally irrelevant for a decision in the matter. 2. The trial Court decreed Taka 60,000.00 as prompt dower, Taka 4,500.00 as maintenance allowance and further Taka 500......sp; ATM Afzal CJ.- This petition by the defendant-husband which arises out of a Family Suit, No.35 of 1993, of the Court of Assistant Judge and Family Court, Mirsarai, Chittagong for prompt dower and maintenance allowance filed by the respondent-wife is barred by 649 days and we are going..Category: Family Law | Date: | Hits: 158
Bangladesh Shilpa Rin Sangstha Vs. Azir Uddin Chowdhury, 1998, 27 CLC (AD)
....he dues/overdue amounting to Taka 25,567 million. 4. The respondent instituted Money Suit No.5 of 1994 against the appellant BSRS in the Court of Subordinate Judge, First Court, Moulvibazar for a decree of Taka 1,00,00,000.00 (one crore) as damages and loss sustained by him by reason of alleged ......t all relevant considerations in such a matter. Consequently, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 96, 18 BLD (AD) 144...Category: Business or Commercial Law | Date: | Hits: 124
Bina Rani and another Vs. Shantosh Chandra Dey, 1999, 28 CLC (AD)
....p; Md. Abdur Rouf J.- Bina Rani, the wife and Bhulu Chandra Dey (defendant No. 2), son of deceased sole plaintiff Hiron Chandra Dey, have preferred this appeal on leave from the judgment and decree of the High Court Division dated 25-7-94 passed in First Appeal No. 44 of 1986 allowing the......, the impugned judgment and decree of the High Court Division are set aside and those of the trial Court are restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 81. ..Category: Property Law | Date: | Hits: 75
Abdul Khaleque Mollah Vs. ABM Zakaria and another, 1999, 29 CLC (AD)
....f 1993). Judgment Latifur Rahman J.- Plaintiff-respondents filed Title Suit No. 75 of 1989 in the Court of Assistant Judge, Dhaka. The said suit was decreed by the trial Court on 29-2.92. Against the aforesaid Judgment and decree the defendant pre......courts below found that secondary evidence was given of those original documents. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 78. ..Category: Property Law | Date: | Hits: 72
Mokbul Hossain Vs. Khandaker Mujibur Rahman, 1999, 28 CLC (AD)
..... 231 of 1984 in the 3rd Court of Assistant Judge, Dhaka, inter alia, for eviction of the defendant-petitioner from the suit premises and recovery of possession thereof which has been concurrently decreed by the Courts below. A Single Judge of the High Court Division refused to interfere with th......s not being an issue in the suit it cannot be considered here for the first time. The petition is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 77. ..Category: Property Law | Date: | Hits: 69
BD Inland Water Transport Corporation Vs. Al-Falah Shipping Lines Ltd. and others, 1999, 28 CLC (AD)
....ng casualties. The Marine Court exercises its jurisdiction as a criminal court and it can award compensation. An order of the Marine Court to pay compensation shall have the effect of a Civil Court decree and sub-section (3) of section 52 speaks that it is recoverable as if it is a decree of a C......vidence from parties. In the result, the appeal is disposed of in the above terms without any order as to cost. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 71. ..Category: Admiralty Law or Maritime Law | Date: | Hits: 187
Kochi Mia @ Khocha Mia Vs. Suruj Mia being dead his heirs Md Fazlur Rahman & ors., 1999, 28 CLC (AD)
....le Suit No. 84 of 1980, for declaration of title to the suit land was dismissed by the learned Subordinate Judge, Second Additional Court, Sylhet. On appeal, Title Appeal No. 322 of 1983, the said decree was reversed and the suit decreed by the learned Additional District Judge, 3rd Court, Sylhe......ment and order of the High Court Division be set aside and the judgment and decree of the appellate Court be restored. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 57. ..Category: Property Law | Date: | Hits: 65
Chand Biswas and others Vs. Abdul Khaleque Sheikh and others, 1999, 28 CLC (AD)
....nbsp; Mustafa Kamal J.- The plaintiff-respondents’ Title Suit No. 439 of 1963 for declaration of title, confirmation of possession and other consequential reliefs was decreed by the 3rd Court of Munsif, Narail by judgment and decree dated 4-1-65. One appeal, Title ......; Ed. This Case is also Reported in: 51 DLR (AD) (1999) 55. ..Category: Property Law | Date: | Hits: 45
BD Oil, Gas and Mineral Cooperation (Petro Bangla) Vs. Nuruzzaman Khan Brothers, 1999, 28 CLC (AD)
.... dated 22nd May, 1996 passed by a Division Bench of the High Court Division dismissing FMA No. 196 of 1994 filed by the petitioner under section 39 of the Arbitration Act, 1940 against judgment and decree dated 10-5-94 passed by the Subordinate Judge, First Court, Dhaka in Title Suit No. 28 of 1......rators and made a rule of the Court by the Subordinate, Judge. The petition is disposed of in the above terms. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 52. ..Category: Alternative Dispute Resolution | Date: | Hits: 249
Bangladesh Vs. Anwar Ahmed and others, 1999, 28 CLC (AD)
.... efficacious. Where writ petitioner had already availed of the alternative remedy writ petition was not maintainable………………….(17) The ex parte decree obtained by the writ petitioner is a declaratory decree simpliciter without any prayer for r......ugned judgment and order of the High Court Division are set aside. Writ Petition No. 204 of 1989 is dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 42. ..Category: Property Law | Date: | Hits: 48
Calmare Navigation Co. Ltd. Vs. Mohammad Nurul Hoque and another, 1999, 28 CLC (AD)
....p;………………. Respondents Judgment March 3, 1998. The Code of Civil Procedure, 1908 (V of 1908) Order XXI, rule 26 Execution of a decree can not be stayed after disposal of the appeal on the plea of pending contempt proceedings ......and the submission of the learned Advocate is devoid of any reason. The petition is, accordingly, dismissed. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 35. ..Category: Others | Date: | Hits: 74
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