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Dhaka Vegetable Oil Ind. Ltd. Vs. Commissioner of Taxes, Dhk. (North) Zone, Dhaka, 1997, 26 CLC (AD)
....975 (SC) 1409 in support of his submission that in civil Courts an appeal is by way of re-hearing of suit and the appellate Court can consider even facts and events coming into existence after the decree appealed against and that if there is a change of law while the case is pending in the appel......vanced by Mr. Rafiqul Huq. In the result both the appeals are allowed without any order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 136 ..Category: Fiscal/Taxation Law | Date: | Hits: 120
Nur Islam (Md) Vs. Agrani Bank, 1995, 24 CLC (AD)
....o. 9 of 1992 was tiled in the Court of Artha Rin Adalat and Subordinate Judge, Jamalpur, by the respondent Agrani Bank, Jamalpur, for realisation of its dues of Taka 3 lakh and some odd. The suit was decreed ex parte on 30 August 1993 whereupon the petitioner filed an application under section 151 C...... such a situation. The application under section 151 is found to have been rightly dismissed. This petition is dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 135. Â ..Category: Civil Law | Date: | Hits: 120
Sirajul Islam Chowdhury and others Vs. Md. Jainal Abedin & ors., 1997, 26 CLC (AD)
....n take the right view in law and on facts in assessing the quantum of damages sustained by the plaintiff The plaintiff-respondent’s Money Suit No. 84 of 1986 for compensation and damages was decreed by the 2nd Court of Subordinate Judge, Chittagong by judgment and decree dated 20.9-90 for ......age. The defendant- appellants are directed to pay the said amount within one month. There will be no order as to costs. Ed. This case is also reported in: 49 DLR (AD) (1997) 164 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 213
Chairman, Chittagong Port Authority & another Vs. Ministry of Defence and others, 1997, 26 CLC (AD)
....spondent Nos. 1 & 2. Nawab Ali, Advocate-on-Record-For Respondent No. 7. Ex parte—Respondent Nos. 3-6, 8. Civil Appeal No. 75 of 1992. (From the Judgment and decree dated January 30, 1992 passed by Admiralty Judge of the High Court Division in Admiralty Cas......s No. 5, 6 & 7 and all other concerned authorities are directed to give effect to this order immediately.” Ed. This case is also reported in: 49 DLR (AD) (1997) 152 ..Category: Admiralty Law or Maritime Law | Date: | Hits: 184
Government of Bangladesh Vs. Hosne Ara Begum, 1997, 26 CLC (AD)
.... Twenty Thousand) as recurring compensation per month till the possession was delivered to her. 2. The property in question was declared vested property. The plaintiff obtained an ex parte decree against the appellants and others in Title suit No. 222 of 1976 for declaration that she had......ment and decree of the High Court Division be set aside and those of the trial Court be restored. Ed. This Case is also Reported in: 2 MLR (AD) 1997, 56, 49 DLR (AD) (1997) 127 ..Category: Property Law | Date: | Hits: 72
Jalaluddin alias Faruque and ors. Vs. Ehsanuddin and others, 1996, 25 CLC (AD)
.... 1,700.00. Complicated question of title being involved the suit as framed was not maintainable; they also challenged the locus standi of the plaintiffs to bring the suit. 4. The learned SCC Judge decreed the suit by judgment and decree dated 2-5-90. The Petitioners challenged the said judgment a...... of Order XLVII Rule I of the Code of Civil Procedure. We do not find any substance in this petition. It is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 116 ..Category: Property Law | Date: | Hits: 63
Khandaker G. Najib Vs. Chair., Board of Directors, Agrani Bank, HO, Dhk & ors, 1997, 26 CLC (AD)
....109 of 1982 in the 3rd Court of Subordinate Judge, Dhaka which on transfer to the court of Subordinate Judge and Commercial Court, Dhaka was renumbered as Title Suit No. 72 of 1984. By a judgment and decree dated 28-3-85 the appellant’s suit was decreed and the impugned orders dated 16-2-79 and 11......e matter. The appeal is allowed with costs and remanded to the Administrative Tribunal for hearing the case in accordance with law. Ed. This case is also reported in: 49 DLR (AD) (1997) 109. ..Category: Administrative Law | Date: | Hits: 131
Surat Sarder and others Vs. Afzal Hossain and others, 1997, 26 CLC (AD)
.... by the plaintiffs is from the judgment and order dated May, 11, 1993 passed by the High Court Division in Civil Revision No. 384 of 1990 discharging the Rule and upholding thereby the judgment and decree passed on October 11, 1989 by the learned Subordinate Judge, Meherpur allowing Title Appeal ......dgment and decree dated 3-8-86 passed by the learned Munsif in Title Suit No. 117 of 1985 decreeing the suit are restored. Ed. This case is also reported in: 49 DLR (AD) (1997) 99 ..Category: Property Law | Date: | Hits: 79
Chitta R Chakraborty being dead, his heirs Ashish C. & ors Vs. Md. A. Rob, 1997, 26 CLC (AD)
....cted against the judgment and order dated 4 November 1992 passed by a Single Bench of the High Court Division in Civil Revision No. 51 of 1991, making the Rule absolute and restoring the judgment and decree dated 3 January 1987 passed by the Additional Munsif, Sadar, Mymensingh, in Other Class Suit ...... result, this appeal is allowed without any order as to costs. The impugned judgment and order of the High Court Division are set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 96 ..Category: Tenancy Law | Date: | Hits: 88
Ali Ahmed & ors Vs. Nazimuddin P. being dead, his heirs Azimuddin P. & ors., 1997, 26 CLC (AD)
....d demand for reconveyance by the plaintiff 28 Magh 1365 BS and therefore the suit was not barred by limitation and the agreements for reconveyance were enforceable. Accordingly, the learned Munsif decreed the suit in full on 28 January 1963. 5. The heirs of the transferee-defendant prefer......f the said court. In the result, both the appeals are dismissed without any order as to costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 433, 49 DLR (AD) (1997) 90 ..Category: Property Law | Date: | Hits: 60
Ezaher Meah & others Vs. Shaher Banu and others, 1997, 26 CLC (AD)
....t but ultimately did not contest the same. Defendant Nos. 9 and 10, however, contested the suit. 4. On 28 August 1991 the learned Assistant Judge, First Additional Court, Sadar, Chittagong, decreed the suit and directed defendant Nos. 1-3, 9 and 10 to execute and register the kabala in fa...... legal position we find no substance in the contention of the petitioners. This petition is, therefore, dismissed. Ed. This case is also reported in: 49 DLR (AD) (1997) 85 ..Category: Property Law | Date: | Hits: 73
Bangladesh House Building Finance Corpn. Vs. Jahan Ara Akhtar & others , 1997, 26 CLC (AD)
....th a suite for, in an application under that article none of the requirements as in a Suit is attracted. No plaint, no court fee, no limitations, no written statement, no other necessary steps, no decree, nothing, the financial institution will get the relief or reliefs in a summary manner which......d calls for no interference. The appeal is accordingly dismissed without any order as to cost. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 293, 49 DLR (AD) (1997) 80 ..Category: Business or Commercial Law | Date: | Hits: 117
Khairunnessa being dead, her heirs F. Alam & ors Vs. Zobaida Nahar @ Zharna & ors, 1997, 26 CLC (AD)
....J.- This appeal by leave is directed against the judgment and order dated 8 June 1995 passed by a Division Bench of the High Court Division in FA No. 79 of 1993 which arose out of the judgment and decree dated 16 March 1993 passed by the Subordinate Judge and Artha Rin Adalat No. 4, Dhaka in Tit......t be restored. The defendant may take back the amount if already deposited in the trial Court. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 430, 49 DLR (AD) (1997) 77 ..Category: Property Law | Date: | Hits: 82
Rezaul Karim and others Vs. Shamsuzzoha and others, 1997, 26 CLC (AD)
....e by the defendant-appellants is from the judgment and order dated 4-2-93 passed by a learned Single Judge of the High Court Division in Civil Revision No. 497 of 1990, setting aside the concurrent decree of dismissal of Title Suit No. 106 of 1977 of the Court of Subordinate Judge, Kushtia......not be sustained. The appeal is allowed with costs. The impugned judgment of the High Court Division is set aside. Ed. This case is also reported in: 49 DLR (AD) (1997) 68 ..Category: Property Law | Date: | Hits: 77
Abdul Jalil Miah (Md) Vs. Niropama Ritchil and ors., 1997, 26 CLC (AD)
....nted — For the Respondent Nos. 2-5. Civil Appeal No. 42 of 1990. (From the judgment and order dated 13th March, 1989 passed by the High Court Division in Appeal from Original decree No. 1741 of 1981). Judgment ATM ......sion, although on different reasonings. In the result the appeal is dismissed with costs. Ed. This Case is also Reported in: 1 MLR (AD) 1996, 426, 49 DLR (AD) (1997) 61 ..Category: Property Law | Date: | Hits: 72
Resima Sultana Vs. Khaez Ahmed Mojumder, 1997, 26 CLC (AD)
....ourt has power under sub-section (5) of section 16 of the Family Courts Ordinance 1985 (Ordinance No. XVIII of 1985, briefly, the Ordinance, to direct payment of any money to be paid under a decree passed by it during execution proceeding. The High Court Division has answered the question ......, not a very difficult one, has been answered correctly. 2. The appellant as plaintiff instituted Family Suit No. 35 of 1988 in the Family Court (Senior Assistant Judge, Sadar, Comilla) claiming dower and maintenance from the defendant-respondent. The suit was decreed on 13-6-89 for an amount ..Category: Family Law | Date: | Hits: 144
Abul Ahsan Vs. Administrator of Pabna Cham. of Com. & Ind. & anr, 1997, 26 CLC (AD)
....he Court of Assistant Judge, Pabna Sadar (subsequently transferred to the Court of Senior Assistant Judge, Sujanagar, Pabna and as Other Class Suit No. 157 of 1995) praying for a declaratory decree that the letter dated 15-4-95 issued by the Ministry of Commerce dissolving Executive Commit...... decision. Accordingly, those petitions are disposed of as not being necessary for deciding the questions raised therein. Ed. This case is also reported in: 49 DLR (AD) (1997) 46 ..Category: Procedural Law | Date: | Hits: 122
Siddiqur Rahman (Md) and others Vs. Profulla Bala Devi & others, 1998, 27 CLC (AD)
....he case record. An error on the face of the record had been committed by the trial court by non-recording the present appellants as substituted plaintiffs in the plaint and refusing to draw up the decree in question accordingly. The legislative intent under section 152 CPC is that even in the ab......porating the appellants’ name thereof plaintiffs in place of the deceased sole Munshi Abdul Khair Faraji. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 213. ..Category: Property Law | Date: | Hits: 88
Nur Begum Vs. Dr. Yusuf Ahmed & another, 1998, 27 CLC (AD)
.... Judgment Mustafa Kamal J.- This plaintiff-respondent suit for eviction, Other Suit No. 13 of 1993 decreed by judgment and decree dated 20-11-94 passed by the 1st Court of Senior Assistant Judge. S......e plaintiff. We find no ground for interference. The petition is dismissed. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 210. ..Category: Property Law | Date: | Hits: 71
Government of Bangladesh and another Vs. Mashiur Rahman and others, 1998, 27 CLC (AD)
....of law that fraud vitiates all judicial proceedings. When the trial Court itself on consideration of the materials on record was satisfied that a fraud had been committed in obtaining the ex parte decree it was the duty of the trial Court to set aside the ex parte decree…….(18) ......udge, 1st Court. Dhaka is allowed and Title Suit No.142 of 1986 is restored to its original file and number. Ed. This Case is also Reported in: 50 DLR (AD) (1998) 205. ..Category: Property Law | Date: | Hits: 76