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Jobayer Hossain and others Vs. Noor Hafez and another, 2006, 35 CLC (AD)
....ondents Judgment 20 November 2001. The Specific Relief Act, 1877 (I of 1877), Section 54 Court cannot disentitle the plaintiff of a decree for permanent injunction if he can prove possession and could not be evicted with force exce......ithout any order as to costs. Accordingly the suit is remanded to the trial Court for disposal in accordance with law and in the light of the observations made above. Ed. ..Category: Property Law | Date: | Hits: 43
M/S. Concord Engineers & Construction Ltd Vs. Chief Engineer Road & Highways Dept, 2006, 35 CLC (AD)
....e Arbitrator has no existence or validity in the eye of law being a nullity which is liable to be set aside. 6. The learned Subordinate Judge however, made the award a rule of the Court decreeing in favor of the first party who is entitled to get a sum of Tk. 15,35,03,390/= from the se...... We do not find any cogent reason to interfere with the unreasoned impugned judgment and order. For the reason aforesaid, this appeal is dismissed without any order as to costs. Ed. ..Category: Alternative Dispute Resolution | Date: | Hits: 229
Syed Afzal Nowab Vs. G. M. Yousuf and others, 2006, 35 CLC (AD)
.... Latifur Rahman J. - This appeal by leave by the plaintiff-appellant is against the judgment and decree dated 5.3.89 passed by a Division Bench of the High Court Division in First Appeal No. 40 of ......e in Bangladesh, the question of forming any opinion by the Government is not at all relevant. For the foregoing reasons, the appeal is dismissed without any order as to costs. Ed. ..Category: Civil Law | Date: | Hits: 128
Abdul Malek and othÂers Vs. Faiz Ahmed and other, 2006, 35 CLC (AD)
....al No. 654 of 1999 filed against the judgment and order dated 8.3.1999 passed by the High Court Division in Civil Revision No. 2181 of 1997 discharging the Rule and thereby affirming the judgment and decree dated 12.1.1997 of the learned Additional District Judge, First Court, Narayangonj allowing t......, felt difficulty to fault with the impugned judgment of the High Court Division. We find no substance in the appeal, which is accordingly dismissed without any order as to cost. Ed. ..Category: Property Law | Date: | Hits: 73
National Bank Limited Vs. Pragati Industries Limited, 2006, 35 CLC (AD)
....judgment and order dated 22.08.1994 passed by the High Court Division in First Appeal No.57 of 1992 and cross objection tender No. 227 of 1992 allowing the appeal, setting aside the judgment and decree dated 18 September 1991 passed by the Artha Rin Adalat No.3. Dhaka, in Money Suit No. 132 of ......nd any error of law and as such it does not call for our interference. 19. In the result the appeal fails. The appeal is, therefore, dismissed without any order as to costs. Ed. ..Category: Business or Commercial Law | Date: | Hits: 108
Sena Kalyan Sangstha Vs. Haji Sufi Fazal Ahmed, 2006, 35 CLC (AD)
....ingly disposed of by this single judgment. 2. Civil Appeal No. 45 of 1993 by leave arose out of Civil Petition for Leave to Appeal No. 122 of 1993, which is directed against the judgment and decree dated 1-9-1992 passed by the High Court Division in Appeal from Original Decree No. 138 of 1......arned Counsel of the petitioners. The review petitions are, accordingly, dismissed without any order as to cost. Ed. This Case is also Reported in: 60 DLR (AD) (2008) 197. ..Category: Property Law | Date: | Hits: 97
Ismat Zerin Khan Vs. The World Bank and others, 2006, 35 CLC (AD)
....mitted that the relationship between plaintiff and the defendant being one of master and servant and an unwilling master cannot be thrust upon with a servant by way of reinstatement through decree in the suit. 11. Mr. T. H. Khan, the learned Counsel has not disputed the propos...... order of the High Court Division and the trial Court is hereby directed to hear the suit on all issues including the issue regarding maintainability in accordance with law. Ed. ..Category: Employment/Service Law | Date: | Hits: 211
Abul Kalam Azad Vs. Govt of BD, represented by the DC, Dinajpur & ors, 2006, 35 CLC (AD)
.... 18.6.2002 passed in Civil Rule No. 1 10 (con) of 1999 making the rule absolute. 2. The facts, in short, are that the judgment of the court of appeal below was delivered on 9.3.1998, decree was signed on 16.3.1998, the application for the certified copy was filed on 22.3.1998 a......fter consideration of all the facts and materials exercised its discretion we do not find any reason to interfere with the judgment of the High Court Division. The leave petition is dismissed. Ed. ..Category: Procedural Law | Date: | Hits: 133
Anil Ranjan Deb Vs. Yoshodalal Amritalal Shaha Banik & ors, 2006, 35 CLC (AD)
....ave to appeal against the judgment and order dated 17 April, 2001 passed in Civil Revision No. 576 of 1991 by a Single Bench of the High Court Division discharging the Rule affirming the judgment and decree dated 31-1-1991 passed by the learned Senior Assistant Judge and S.C.C. Judge, 1st Court, Chi......agreement with the findings and decisions arrived at by the High Court Division and in such view of the matter the petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Property Law | Date: | Hits: 54
Syed Ehsanul Hussain & ors Vs. Bangladesh House Building Finance Corporation, 2006, 35 CLC (AD)
....l Rule No. 410 (F. M.) of 1999 disallowing the appeal and affirming the judgment and order dated 20.11.1997 passed by the learned District Judge, Khulna in Miscellaneous Case No. 80 of 1997 decreeing the Miscellaneous Case ex parte. 3. The Respondent Corporation herein as petit......ule. Since the High Court Division did not commit any error of law in the decision we are not inclined to interfere with the same. Accordingly, the leave petition is dismissed. Ed. ..Category: Property Law | Date: | Hits: 110
Md. Nurul Hoque Miah Vs. Bangladesh, 2005, 34 CLC (AD)
....96. Thereafter, the appellant submitted petitions dated 23.12.1996, 4.1.1997, 30.9.1997 and 23.10.1997 to the respondent No.2, the Secretary Internal Resources Division (IRD) for the execution of the decree of the Administrative Appellate Tribunal, which respondent No.2 and his joint Secretary Nurul......s. 19. In that view of the observation and direction as above, this appeal is, accordingly, allowed without any order as to costs. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 53. ..Category: Administrative Law | Date: | Hits: 162
Director of Housing and Settlement Vs. Abdul Majid Howlader & others, 2006, 35 CLC (AD)
.... of 2000 discharging the Rule which was obtained upon an application filed under Section 5 of the Limitation Act seeking condonation of delay in filing revisional application against the judgment and decree dated November 18, 1998 of the Court of Subordinate Judge (now Joint District Judge), and 2nd......n Title Suit No. 191 of 1996 of the 2nd Court of Senior Assistant Judge, Dhaka is set aside. There is no order as to costs. Ed. This Case is also Reported in: 24 BLD (AD) 56, 9 MLR (AD) 73. ..Category: Limitation Law | Date: | Hits: 189
M. A. Rashid and others Vs. Bangladesh and others, 2006, 35 CLC (AD)
....etition Mr. Md. Aftab Hossain, learned Advocate-on-Record submits, inter alia, that the High Court Division committed error of law in not considering the material documents including the judgment and decree of Title Suit No. 244 of 1999 and that the petitioners predecessor purchased the property bef......gment and on the reasoning given above we are of the view that the impugned judgment does not call for our interference. The leave petition is dismissed. Ed. This Case is also Reported in: ..Category: Property Law | Date: | Hits: 74