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Tabibullah and others Vs. Bangladesh and others, 2007, 36 CLC (HCD)
....e's Republic of Bangladesh being First-defendant contested the suit on presentation of a written statement traversing all material allegations made in the plaint. C. Learned Munsif by judgment and decree dated 9-11-1985 dismissed the suit. D. Plaintiffs having felt dissatisfied with the afores......pposite parties is allowed. Petitioners are added as eighth-fifteenth opposite parties in Civil Revision case. No cost. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 46. ..Category: Procedural Law | Date: 4 Apr, 2007 | Hits: 32
.... auction sale process is to be completed first under section 33(1),(2),(3) and in case of failure to sell the property under the said provisions right under section 33(7) can be exercised by the decree holder not prior to that. Again if the auction sale is complete then section 33(7) canno......discharged and the Rule in Writ Petition No.5961 of 2004 is made absolute.
There will be no order as to costs.
Ed.
This Case is also Reported in: 29 BLD (HCD) (2009) 284.
..
Category: Banking Law | Date: 12 Mar, 2007 | Hits: 6
Md. Afazuddin Vs. Md. Ataur Rahman & another, 2007, 36 CLC (AD)
....of 1987 and Title Suit No.3 of 1987 were heard analogously in the 3rd Court of Subordinate Judge (now Joint District Judge), Dhaka. Title Suit No.3 of 1987 was dismissed and Title Suit No.4 of 1987 decreed by judgment dated 23.11.1998. The defendant No.1 preferred Title Appeal No. 74 of 1999 in .......50,000/- (fifty thousand) as further soletium in favour of the appellant within 3(three) months from the date of receipt of the copy of the judgment. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 7 Feb, 2007 | Hits: 272
Hafizuddin and another Vs. Moherjan & Others, 2007, 36 CLC (HCD)
.... 2. It appears that one Amjad Hossain, predecessor of opposite party Nos.1-11, filed a suit being Other Class Suit No.25 of 1980 on 19.12.1980, in the Court Munsif, Thakurgaon," praying for a decree for a declaration that the preliminary decree dated 24.7.1964, in the Court of Munsif, Secon......nj, is directed to dispose of the other class suit as expeditiously as possible after notifying all the concerned parties. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 88. ..Category: Procedural Law | Date: 16 Jan, 2007 | Hits: 3
Md. Chand Miah and others Vs. Md. Ibrahim and others, 2006, 35 CLC (HCD)
....the duty of the Courts below to send the impugned documents to Handwriting Expert for opinion. Such opinion being not taken by either of the Courts below, the appeal is allowed, impugned Judgment and decree are set aside. The First Appeal is remanded to the High Court Division with a direction to he......tands vacated. 24. Communicated the order at once with a copy of the Judgment for information and taking necessary action. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 306. ..Category: Evidence Law | Date: 8 Aug, 2006 | Hits: 25
Mst. Kabita Khatun Vs. Md. Tarikul Islam (minor) and others, 2006, 35 CLC (HCD)
....ibur Rahman Miah, Advocate-For the Opposite Party. Civil Revision No.794 of 2003. Judgment Md. Abdul Matin J.-In this rule at the instance of the defendant-petitioner the judgment and decree dated 26.10.2002 passed by Additional District Judge, Magura in Title Appeal No.09 of 200 all......nant, which having being disclosed to the public, there was a village salish which decided that the plaintiff No.1 must marry the defendant No.1 and subsequently marriage took place between them at a dower of Tk.1,00,500/- by a registered marriage deed and after the marriage the plaintiff No.1 and t..Category: Women and Children | Date: 7 Aug, 2006 | Hits: 127
....
Civil Revision No.2275 of 1994.
Judgment
AKM Fazlur Rahman J.-This Rule issued on an application under section 115(1) of the Code of Civil Procedure is directed against the judgment and decree dated 31.3.1994 passed by the District Judge, Jamalpur in O.C. Appeal No.51 of 1992 allo......992 is hereby affirmed.
Send down the lower Court's records at once with a copy of this judgment for information.
Ed.
This Case is also Reported in: 26 BLD (HCD) (2007) 488.
..
Category: Abandoned Properties Law | Date: 24 Jul, 2006 | Hits: 21
Nirmalandu Nath Majumder Vs. State, 2006, 35 CLC (HCD)
....se independently and must not depend on defence witness. There may be thousands of defects in the documents of the defense as well as their case, but that does not entitle the plaintiff to get a decree………………………….(9 & 10) ......ass Appeal No.256 of 1984 is hereby affirmed. Send down the lower court records at once along with a copy of the judgment. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 493. ..Category: Procedural Law | Date: 2 Jul, 2006 | Hits: 3
Syed Jasimuddin and others Vs. Moulana Abu Musa Siddique & others, 2006, 35 CLC (HCD)
....arties. Civil Revision No. 5241 of 2002. Judgment Moyeenul Islam Chowdhury J. - This Rule was issued calling upon the opposite parties to show cause as to why the impugned judgment and decree dated 31-7-2002 passed by the Senior Assistant Judge and SCC Judge, Raozan Chittagong in SCC ......d in the body of this judgment. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 518. ..Category: Civil Law | Date: 2 Jul, 2006 | Hits: 4
Moulana Mohammad Baquer Siddiqui Vs. Tamizuddin Khan Trust Estate and others, 2006, 35 CLC (HCD)
....elief so claimed. Unless the Court is satisfied with the above tests of law, no stay can be granted. If the earlier suit fails or in the alternative the plaintiff of the earlier suits unable to get a decree, the plaintiff of the subsequent suit will not get the relief due to the law of limitation. S...... by this Court stands vacated. The trial Court is directed to expedite the trial of both the suits. Communicate the order at once. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 57. ..Category: Procedural Law | Date: 25 Jun, 2006 | Hits: 27
Abdul Mannan Khan (Md.) Vs. Bangladesh and others, 2006, 35 CLC (HCD)
....inal Procedure. Sub-section (3) of section 386 of the said Code provides that where the Court issues a warrant to the Collector under sub-section (1) clause (b) such warrant shall be deemed to be a decree, and the Collector shall be the decree-holder, within the meaning of the Code of Civil Proced......te a copy of the judgment and order at once to the concerned authority for information and necessary action in accordance with law. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 657. ..Category: Criminal Law | Date: 25 May, 2006 | Hits: 43
Hazi Afsar Uddin Mina and others Vs. Alhaj Sk. Sultan Ali and others, 2006, 35 CLC (HCD)
....utting up contest on presentation of a written statement. c. Plaintiff petitioners on 9.11.1987 laid a petition before Court for amendment of plaint seeking incorporation of relief that compromise decree in pursuance of a petition for compromise in Title Suit No.226 of 1959 on the file of Court o...... report compliance of the order of this Court to Registrar of Supreme Court of Bangladesh immediately after the disposal of the Suit. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 303. ..Category: Procedural Law | Date: 18 Apr, 2006 | Hits: 29
Government of Bangladesh Vs. Kalimuddin Pramanic and others, 2006, 35 CLC (HCD)
.... Judgment Syed Mahmud Hossain J.-This Rule was issued on an application for revision filed by defendant No.1. under section 115 (1) of the Code of Civil Procedure (the Code) against judgment and decree dated 21.4.1990 passed by the learned Additional District Judge, 1st Court, Bogra in Other Cl......t plot Nos.794 and 2546/2583 to anybody. No order as to costs. Send down the L.C. record with a copy of the judgment. Ed. This Case is also Reported in: 29 BLD (HCD) (2009) 131. ..Category: Property Law, Tenancy Law | Date: 28 Mar, 2006 | Hits: 4
Rafiqul Islam (Md.) Vs. State, 2006, 35 CLC (HCD)
.... the same bail granted by the Tribunal till disposal of the case. Let the copy of the judgment be set down at once. Ed. This Case is also Reported in: 58 DLR (2006) 244, 26 BLD (HCD) (2006) 96. ......etitioner to withdraw the civil suit as a condition of his release on bail. 2. The prosecution case, in short, is that the accused Rafiqul Islam married the victim Rumana Akter on 9-6-2003 setting dower money of Taka one lac by a registered Nikahnama. After marriage, their conjugal life was maint..Category: Women and Children | Date: 13 Feb, 2006 | Hits: 98
Moju Bibi and others Vs. Abdul Aziz and others, 2006, 35 CLC (HCD)
....a and on transfer it was heard by the learned Subordinate Judge, 2nd Court, Comilla who dismissed the appeal on 20-10-1998. 7. Being aggrieved by and dissatisfied with the aforesaid judgment and decree of the appellate Court, the petitioner moved before this Court and obtained the present rule....... order as to cost. The judgments and decrees of the courts below are upheld. The lower Courts record be sent down at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 639. ..Category: Property Law, Procedural Law | Date: 25 Jan, 2006 | Hits: 5
M. Manzur Ahmed Vs. Mrs. Inge Flatz and others, 2005, 34 CLC (HCD)
....Attorney-General-For Respondent No.2. First Appeal No.585 of 2001. Judgment Siddiqur Rahman Miah J.-This appeal at the instance of the plaintiff, is directed against the judgment and decree dated 16.08.2001 passed by the learned Subordinate Judge, (now Joint District Judge), Additi...... liberty to get the sale deed executed and registered through court in accordance with law. Send down the L.C.R. at once. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 41. ..Category: Property Law | Date: 15 Dec, 2005 | Hits: 8
.... Agrani bank and its Mohakali Branch instituted
Title Suit No.79/89 in the Artha Rin Adalat No.1, Dhaka impleading one Momtaz
Begum and her husband Mohammad Salim as sole defendants praying for a decree
for realisation of Tk. 11,33,946.60 as on 31.03.89 with 20% interest and
obtained a prelimi......tent of 25% of the decretal dues in default
the Miscellaneous Case shall stand rejected.
Communicate the order at once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 64.
..
Category: Civil Law | Date: 15 Dec, 2005 | Hits: 19
Abdul Aziz & Government of Bangladesh Vs. Hindu Deity Luxmi Gobinda Jew & ors, 2006, 35 CLC (AD)
....rom the list of enemy property. 6. The learned Subordinate Judge (now joint District Judge) dismissed the suit. The learned Additional District Judge, 5th Court, Dhaka affirmed the judgment and decree of the trial court. In Civil Revision No. 455 of 1981, the High Court Division by the impugne......the Civil Appeal No. 216 of 2000 is dismissed with cost of Tk. 500/- and the Civil Appeal No. 217 of 2000 is dismissed without any order as to cost. Ed. This Case is also Reported in: ..Category: Property Law | Date: 8 Dec, 2005 | Hits: 90
....
Judgment
December 7, 2005.
Result:
The Appeal is allowed.
When specific provision is not available in the Act i.e. the Artho Rin Adalat Ain, 2003 enabling the Artho Rin Court to put the decree-holder into possession, the Court may exercise its such Jurisdiction as provided in rules 97 ......oying police force and other measures as provided in the Code.
In the result, this appeal is allowed but without any order as costs.
Ed.
This Case is also Reported in: 27 BLD (HCD) (2007)61.
..
Category: Property Law | Date: 7 Dec, 2005 | Hits: 22
....
Failure and/or frustration
of the ancillary/auxiliary relief cannot frustrate the entire suit and cannot
result into dismissal of the suit if the plaintiff is otherwise entitled to a
decree of her substantive relief…………..(17)
Cases Referred
to-
Bangladesh Jute Mills C......med to have been in her service in the post of Lecturer in
Economics.
Send down the lower Court records at
once.
Ed.
This Case is also Reported in: 26 BLD (HCD)
(2007) 66.
..
Category: Employment/Service Law | Date: 6 Dec, 2005 | Hits: 6
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