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Saitan Bibi and others Vs. Chairman Bewa and others, 1999, 28 CLC (AD)
....ents. Civil Appeal No. 29 of 1993. Judgment Latifur Rahman J.- This appeal by leave by the plaintiff-appellant is against the judgment and decree dated 28-5-91 passed by a learned Single Judge of the High Court Division in Second Appeal ...... Court, thereby dismissing the suit. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 51 DLR (AD) (1999) 28. ..Category: Property Law | Date: | Hits: 52
Bangladesh and another Vs. Habib Zamil, 2000, 29 CLC (AD)
.... Siddique Jamal in exchange of their properties at 4A and 4B, Okland Square in Calcutta. They also acquired by purchase the shares of other co-sharers and thus became the sole owners thereof. By a decree in Title Suit No. 87 of 1971 of the 1st Court of Subordinate Judge, Dhaka the said property......the result, the appeal is allowed and the impugned judgment and order set aside. There shall be no order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 174. ..Category: Property Law | Date: | Hits: 73
Syed Jahangir Hossain Vs. Md. Moyenuddin and others, 2000, 29 CLC (AD)
.... leave is from judgment and order dated 16-6-1998 passed by a Single Judge of the High Court Division in Civil Revision No. 3428 of 1997 making the Rule absolute and setting aside the judgment and decree dated 8-7-1997 passed by the 2nd Court of Subordinate judge, Barisal in Title Appeal No. 7 o......de above we find no merit in this appeal. In the result the appeal is dismissed without any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 140. ..Category: Others | Date: | Hits: 84
Asmat Ali Vs. Abdur Rafique Mridha and others, 2000, 29 CLC (AD)
....n in Civil Revision No. 742 of 1989). Judgment Latifur Rahman CJ.- This appeal by leave at the instance of the plaintiff-appellant is against the judgment and decree passed by a learned Single Judge of the High Court Division in Civil Revision No. 742 of 198......y dismissed without costs. Order of the Court By a majority decision the appeal with cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 132. ..Category: Property Law | Date: | Hits: 64
Abdus Sattar and others Vs. IFIC Bank Ltd., 2000, 29 CLC (AD)
.... Judgment: December 7, 1999. The Artha Rin Adalat Ain, 1990 (IV of 1990), Section 7(2) Bank guarantee can not construe security deposit for preferring an appeal against the decree of Artha Rin Adalat. Lawyers Involve: Mvi Md Wahidullah, Advocate-on-Record......ns raised for the aforesaid reasons are of no substance. The petition is dismissed with any order as to cost. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 122. ..Category: Business or Commercial Law | Date: | Hits: 115
Abdus Samad & ors Vs. Dt. Com. & Custodian of Vested Pty & Non-Res Pty, 2000, 29 CLC (AD)
....he plaintiff for leave to appeal from the judgment and order dated 6 May 1999 of the High Court Division in Civil Revision No. 3216 of 1997 whereby, in reversal of the lower appellate Court’s decree that of the trial Court was restored, dismissing the plaintiffs’ suit. 2. The ......ision of the High Court Division. The petition is devoid of any force and the same is accordingly dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 120. ..Category: Property Law | Date: | Hits: 59
Badsha Mia & Others Vs. Abdul Kader and Others, 2000, 29 CLC (AD)
.... of the Court by the learned Munsif Cox’s Bazar. 3. The suit was dismissed on contest. The plaintiffs’ Other Class Appeal No. 377 of 1983/122/85 (Cox’s Bazar) against the decree of the trial Court was allowed by the lower Appellate Court leading to filing a revisional a...... infirmity in the decision of the learned Single Judge of the High Court Division. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 79. ..Category: Civil Law | Date: | Hits: 104
Islami Bank Bangladesh Limited Vs. Al-Haj Md Shafiuddin Howlader& another, 2000, 29 CLC (AD)
....a Rin Adalat Ain, 1990, hereinafter referred to as the Act. 3. The literal translation of this sub-section would be Subject to the provision of section 7 no proceeding, order, judgment and decree of an Artha Rin Adalat can be called in question before any court or any other authority.&rd......pugned judgment of the High Court Division is set aside and the judgment and order of the Artha Rin Adalat is restored. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 76. ..Category: Business or Commercial Law | Date: | Hits: 104
Qaiyum Khan and Others Vs. Sudarshan Singh and others, 2000, 29 CLC (AD)
.... June 14, 1999. The Code of Civil Procedure, 1908 (V of 1908), Order I, rule 10 Non-joinder of parties The parties to the suit are bound by the result but other are not. The decree can be challenged by the persons left out who ought to have been made party but not by othe......da Saha, not the defendants. 6. Second submission also fails. 7. We do not find any ground for interference. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 53. ..Category: Civil Law | Date: | Hits: 127
Mahbubul Haque (Md.) Vs. Md. A Kader Munshi, 2000, 29 CLC (AD)
....he Court of Senior Assistant Judge, Barguna for declaring the sale certificate and writ of delivery of possession, alleged to have been issued in Money Execution Case No. 14 of 1933 in execution of a decree passed in Money Suit No. 5 of 1932 as forged, fraudulent, collusive, void, having no legal ex......ce to agitate the questions at the time of trial of the suit the petition merits no consideration. The leave petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 49...Category: Civil Law | Date: | Hits: 142
Momtaz Begum & others Vs. Md. Masud Khan, 2000, 29 CLC (AD)
.... and 42 The Limitation Act, 1908 (IX of 1908), Article 91 The plaintiff not being a party to the kabala, prayer for cancellation of the same is not necessary. The plaintiff getting a decree of declaration of title and also declaration that the kabala is illegal and fraudulent, canc...... the handwriting experts. 7. We therefore do not find any ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 46. ..Category: Property Law | Date: | Hits: 59
Bangladesh Vs. East West Property Development Private Ltd. & others, 2000, 29 CLC (AD)
....er by the Court of Wards under the Court of Wards Act, 1879. The Bhawal Raj Estate instituted a suit in 1938 against the Government respondents and in 1939 the suit was disposed of by a compromise decree in between the parties. Thereafter, the properties of Bhawal Raj Estate were sold to differe.......75 acres of land. The petition is dismissed with the above observations. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 43. ..Category: Constitutional Law | Date: | Hits: 164
Shafiuddin Chowdhury (Md) Vs. Md. Abdul Karim and others, 2000, 29 CLC (AD)
....tural Tenancy Act, 1949 (XXIII of 1949), Section 24(11) In a suit for partition, after filing of the report along with the case map, field book, saham list by the Advocate Commissioner final decree takes effect and thereafter remains nothing to be done. Passing of the final decree ...... basis of co-sharer ship is not maintainable. Accordingly, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 41. ..Category: Property Law | Date: | Hits: 57
Narayan Chandra Das and others Vs. Abdur Jabbar Dewan and others, 2000, 29 CLC (AD)
....ustafa Kamal J.- The plaintiff-petitioners’ suit, Title Suit No. 15 of 1989, for declaration of title to the suit land was dismissed by the learned Assistant Judge, Kaliganj by judgment and decree dated 30 04-92 which was affirmed on appeal. Title Appeal No. 47 of 1992, by the learned Dis...... the petitioner is a good point for granting lease, the petition is dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 35. ..Category: Property Law | Date: | Hits: 73
Abdul Kader Khalifa Vs. Saju Bibi and others , 2000, 29 CLC (AD)
....ve to appeal from the judgment and order dated 8-5-97 passed by a Single Bench of the High Court Division dismissing Second Appeal No. 18 of 1975 and upholding thereby the judgment and decree of affirmance dated 31-1-74 passed by the learned District Judge Bakergonj in Ti......rcumstances of the case we do not find any illegality in the impugned judgment. The petition is, therefore, dismissed. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 34. ..Category: Property Law | Date: | Hits: 51
Hazera Khatun Vs. Dr. Md. Enayetullah, 2000, 29 CLC (AD)
.... The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 Pendency of a suit for specific performance of contract in respect of the premises in which the respondent obtained a decree for ejectment against the petitioner is no ground to stay the title execution case…&h...... discharged also on that ground correctly by the High Court Division. On the above grounds we dismiss this petition. Ed. This Case is also Reported in: 52 DLR (AD) (2000) 33. ..Category: Property Law | Date: | Hits: 87
AKM Jamaluddin & others Vs. Mantu Lal Majumder, 1997, 26 CLC (AD)
....7 of 1993). Judgment: Mustafa Kamal J: The plaintiff-petitioners obtained an ex parte decree against the defendant. respondent against which the respondent filed Miscellaneous Case No. ......t to the plaintiff-petitioners we do not think that it is a fit case for interference. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 150 ..Category: Procedural Law | Date: | Hits: 118
Primal Ranjan Das Vs. Nasima Khatun, 1997, 26 CLC (AD)
....t for his eviction, Title Suit No. 146 of 1990 of the First Court of Assistant Judge, Khulna, filed by the plaintiff-respondent alleging default in payment of rent and bonafide requirement, which was decreed by the trial Court, and the same was affirmed in appeal and then in revision taken by the pe......t this stage because the question was never raised either in appeal or in revision. The petition is, accordingly, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 144 ..Category: Tenancy Law | Date: | Hits: 70
Abdur Rahman (Md) Vs. Md. Iqbal Ahmed and others, 1997, 26 CLC (AD)
...., Title Suit No. 96 of 1958, against defendant Nos. 1-7 and their constituted attorney defendant No. 8 for specific performance of a contract for sale of the disputed land. The suit was eventually decreed on 31 January 1967 with a direction to defendant No. 8 to execute and register on behalf of......e benefits of the decree obtained after protracted litigation. The petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 142 ..Category: Property Law | Date: | Hits: 84
Abdul Kaiyum (Md) Vs. Krishnadhan Banik being dead, his heirs Bijan K Banik & ors, 1997, 26 CLC (AD)
...., briefly, are that the petitioner filed Title Suit No. 17 of 1991 in the Fourth Court of Assistant Judge, Narayanganj against respondent Nos. 2-5 for specific performance of contract. The suit was decreed on compromise on 121191 and in execution of the said decree Title Execution Case No 2 of 1......ugned judgment or in the revision petition before the High Court Division. The petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 140 ..Category: Property Law | Date: | Hits: 64
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