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Abdul Sobahan and others Vs. Noresh Chandra Mondal and others, 2005, 34 CLC (HCD)

....udge, 1st additional Court, Dhaka praying for, cancellation of a deed dated 18.4.1983 being No.6339, registered at Dhaka sub-registry office. That suit was dismissed on contest by the Judgment and decree dated 30.9.1999 against which the Opposite Parties No.1-3 has preferred Title Appeal No.699 ......rties is hereby affirmed. The order of stay granted by this Court 11.1.2004 and its subsequent extensions is hereby vacated. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 91. ..

Category: Procedural Law | Date: 4 Dec, 2005 | Hits: 3

Ali Imam Vs. Executive Engineer, Gaibandha and others, 2005, 34 CLC (HCD)

....dvocate- For Opposite Party No.1. Civil Rule No. 375(F) of 2002. Judgment Md. Abdur Rashid J.- The plaintiff obtained the Rule upon making an application for review of the judgment and decree dated 13‑2‑2002 passed by a Division Bench of this Division in FA No.58 of 1995, which se......him out. The prayer for review fails. Result, the Rule is discharged with costs. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 668.   ..

Category: Civil Law | Date: 29 Aug, 2005 | Hits: 1

Md. Azizur Rahman Vs. Mosammat Nazmun Nahar, 2005, 34 CLC (HCD)

....Harun-or-Rashid, Advocate - For the opposite party. Civil Revision No.4459 of 2002. Judgment Md. Abdul Aziz J.- The opposite party was directed to show cause as to why the judgment and decree dated 29.7.02 and 31.7.2002 respectively passed by the learned Joint District. Judge, 2nd Cou......nchbibi in Family Suit No.36/1998 shall not be set aside. 2. Facts leading to this Rule, in short, is that the plaintiff-opposite party filed the Family Suit against the defendant-petitioner for dower and maintenance stating, inter alia, that they sworn an affidavit of marriage on 25.1.98 befor..

Category: Evidence Law | Date: 26 Jul, 2005 | Hits: 169

Pushpa Rani Saha Podder Vs. Rash Mohan Saha, 2005, 34 CLC (AD)

....(Ext. 1) and bainapatra (Ext. 2) and ac­cordingly came to the conclusion that the plaintiffs were entitled to get a declaration of their title. The appeal was accordingly al­lowed arid the suit was decreed declaring the plaintiffs' title over the suit property and also confirming their possession ......d an error of law requiring interference by us. The appeal is, therefore, allowed without any order as to costs. Ed. This Case is also Reported in: 16 BLT (AD) (2008) 350; 10 MLR (AD) 345. ..

Category: Property Law | Date: 4 Jul, 2005 | Hits: 127

Swapon Kumar Gain Vs. Amita Golder, 2005, 34 CLC (HCD)

.... Revision No. 4785 of 2000 with Civil Revision No. 1058 of 2001. Judgment Bijan Kumar Das J.- By these Rules the opposite party was called upon to show cause as to why the impugned judgment and decree dated 12-6-2000 passed by the District Judge, Dhaka in Family Appeal No. 22 of 1993 reversing......ed Advocate for the petitioner further submits that, his client has duly paid the monthly amount of Taka 800 up to the months of March, 2005. Ed. This Case is also Reported in: 58 DLR (2006) 26...

Category: Family Law | Date: 25 Jun, 2005 | Hits: 237

Golam Hossain Sikder (Md.) and others Vs. Deputy Commissioner & ors, 2005, 34 CLC (HCD)

....ral- For the Opposite Parties. Civil Revision No. 5699 of 2001 Judgment MM Rahman Bhuiyan J.- This hearing occasions consideration of the Rule issued directing against the judgment and decree dated 12‑6‑2001 and 26‑6‑2001 passed by the learned Subordinate Judge cum Artha Rin A...... any order as to cost. Me judgments and decrees of both the Courts below are hereby set aside and decreed the suit accordingly. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 598. ..

Category: Property Law | Date: 19 Jun, 2005 | Hits: 3

Mahmuda Begum and others Vs. Chairman, First Court of Settlement and others, 2005, 34 CLC (HCD)

....performances of contract. In spite of the service of summons upon the defendants of that suit, they did not enter appearance therein and eventually the said suit being ready for hearing otherwise was decreed ex parte on 30-6-1983. Thereafter Title Execution Case No.39 of 1983 was filed and Md. Atiqu......dent No.2 is directed to exclude the said case property from the aforesaid 'Ka' List of abandoned buildings within 60 days from date. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 247. ..

Category: Property Law | Date: 25 May, 2005 | Hits: 33

New Zealand Milk Brands Ltd. Vs. Sanowara Dairy & Industries Ltd. and another, 2008, 37 CLC (HCD)

.... Chittagong and subsequently transferred to the 2nd Court of Joint District Judge, Chittagong, against a predecessor-in-interest of the Petitioner, i.e., Unilac Australia Pty Ltd. praying for a money decree of Taka Twenty-eight crore that is now pending. Evident from the certified copy of the plaint......de Mark No.66879 in Class-29 be sent to the Respondent No.2 Registrar, Department of Patents, Designs and Trade Marks forthwith. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 24. ..

Category: Intellectual Property Law | Date: 21 May, 2005 | Hits: 187

Afzalul Haque (Md.) and others Vs. Md. Abdur Razzaque, 2005, 34 CLC (HCD)

....e Opposite Party.  Civil Revision No.2643 of 2001. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party to show cause as to why the Judgment and decree dated 27-3-2001 passed in SCC Suit No.10 of 1995 should not be set aside and/or pass such oth......landlord petitioners. Send down the lower Court's record with a copy of the Judgment and order to the Court concerned. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 185. ..

Category: Tenancy Law | Date: 4 May, 2005 | Hits: 25

M Moinul Khan Vs. State, 2005, 34 CLC (HCD)

....ection (1 Kha) of section 27 of the aforesaid Ain, 2000. Communicate a copy of the judgment and the order expeditiously to the Court below. Ed. This Case is also Reported in: 58 DLR (2006) 253. ......ishu Nirjatan Daman Tribunal, Sylhet stating, inter alia, that his sister Mst Parul Khanum, student of Sylhet Government College, was married to accused No. 1 Syed Ahmed (Shipu) on 28-1-2000 and the dower was fixed at Taka 5 lac. Before the marriage accused No.1 and others demanded Taka 5 lac as do..

Category: Women and Children | Date: 3 May, 2005 | Hits: 98

Md. Abdur Rahman Faroque Vs. Md. Shamsul Hoque and another , 2005, 34 CLC (AD)

....Respondent Judgment May 2, 2005. Result: The appeal is dismissed. The Small Cause Courts Act, 1887 (IX of 1887) Proviso to Section 17(1) Whether for setting aside of an ex parte decree for ejectment of a monthly tenant passed in a small cause suit furnishing security for the pe......he background of the discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed with costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 181. ..

Category: Civil Law | Date: 2 May, 2005 | Hits: 119

Government of Bangladesh Vs. Ali Akbar Ansari, 2005, 34 CLC (AD)

....ioned writ petitions, review petitions, civil petitions for leave to appeal and after exclusion of the case properties from the list of abandoned buildings by the Government-petitioner. The suit was decreed ex parte on 06.03.1997 and it is not disputed that the ex parte decree was subsequently set ......stances, we find no substance in the submissions of learned Additional Attorney General. Accordingly, the review petition is dismissed. Ed. This Case is also Reported in: II ADC (2005) 841. ..

Category: Property Law | Date: 9 Apr, 2005 | Hits: 93

Ismail Hussain Posshari & anr Vs. District Land Acquisition Officer, Bogra & ors., 2006, 35 CLC (AD)

....pellants filed Other Class Suit No. 65 of 1995 seeking declaration of their title in respect of 3.20 acres of land which they purchased on January 11, 1979 from Altaf Ali Chowdhury, that the suit was decreed for 2.90 acres in their favour on May 12, 1996, that in the light of the decree they got the......eing barred by limitation. In view of the opinion expressed hereinabove we find no merit in the appeal. Accordingly the appeal is dismissed. There is no order as to cost. Ed. ..

Category: Property Law | Date: 28 Mar, 2005 | Hits: 64

Bangladesh rep. by Sec., Ministry of Works Vs. Mojibur Rahman and others, 2005, 34 CLC (AD)

....nstructed by MG Bhuiyan, Advocate-on-Record—For Respondent No. 1  Dispensed with— For Respondent Nos. 2-10. Civil Appeal No. 104 of 1998. (From the judgment and decree dated 22-2-1994 passed by the High Court Division in FA No. 107 of 1989). Judgment ...... the argument advanced by Mr. B Hossain and accordingly, the appeal is dismissed without any order as to costs and the judgment and order passed by the High Court Division is affirmed. Ed. ..

Category: Property Law | Date: 27 Mar, 2005 | Hits: 101

Md. Faiz, Advocate of the Appellate Division of the Supreme Court of Bangladesh Vs. Ekramul Haque Bulbul, reporter of the Daily Prothom Alo And others, 2005, 34 CLC (HCD)

....n p 372) 69. Academic qualifications are often considered to be good qualification to make a good Judge but history does not support this contention either. Justice John Marshal having no formal decree in law emerged as one of the best judges in the American Supreme Court. Similarly, Justice Ro...... to disclose their sources of information is disposed of as no finding is necessary in this case. Ed. This Case is also Reported in: 57 DLR (2005) 670.       ..

Category: Constitutional Law, Contempt of Court Law | Date: 21 Mar, 2005 | Hits: 7

Abdul Latif Hawlader Vs. Sultan Miah and others, 2005, 34 CLC (HCD)

....arty No.1. Civil Revision No.5672 of 2001. Judgment Afzal Hossain Ahmed J. - This Rule, at the instance of the defendant—appellant-petitioner is directed against the judgment and decree dated 7‑6‑2001 passed by the Subordinate Judge, 2nd Court, Gopalganj in Title Appeal No.3......r Assistant Judge (in charge), Gopalganj Sadar, Gopalganj in Title Suit No.120 of 1997 are hereby set aside. Ed. This Case is also Reported in: 57 DLR (2005) 574.      ..

Category: Tenancy Law | Date: 15 Mar, 2005 | Hits: 3

Hazi Md Hossain @ Md Aowlad Hossain and others VS. Obaidul Haque & others, 2005, 34 CLC (AD)

....defendant No. 52 to make the construction at any rate the value of the property will not be diminished. Further, the petitioner is giving undertaking before this Court that if the plaintiffs get a decree ultimately and if this Holding No. 32/2, Malitola Road, Dhaka falls within the share of the .......  21. In the background of the discussions made hereinabove we find merit in the appeal.  Accordingly, the appeal is allowed. There is no order as to cost. Ed. ..

Category: Civil Law | Date: 6 Mar, 2005 | Hits: 308

Secretary, Rahmat-E-Alam Islam Mission and Etimkhane No.1 Railgate Tejgaon, Dhaka Vs. Md. Safiqul Huq and others, 2005, 34 CLC (HCD)

.... 1999 with Civil Revision No.3992 of 1999. Judgment Bijan Kumar Das J.- These rules were issued calling upon the opposite party Nos.1-12 to show cause as to why the impugned judgment and decree dated 30-5-1999 passed by the 8th Court of the Additional District Judge, Dhaka allowing Ti...... both the aforesaid rules. Both the rules are therefore discharged without any order as to costs. Send down the L.C.R. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 75. ..

Category: Property Law | Date: 23 Feb, 2005 | Hits: 5

HBS Association (Pvt.) Ltd. & others Vs. Prof. Shahabuddin Khaled Chowdhury and others, 2005, 34 CLC (AD)

.... 27. In the case of section 459, the background has the following two features. First, a company is an association of persons for an economic purpose, usually entered into with legal advice and some decree of formality. The terms of the association are contained in the articles of association and s...... and we find no cogent reason to interfere with the same. Accordingly, the appeal is dismissed. No order as to costs. Ed. This Case is also Reported in: V ADC (2008) 271. ..

Category: Company Law | Date: 22 Feb, 2005 | Hits: 364

Siraj Miah Vs. Mohammad Miah and others, 2005, CLC (HCD)

....ite. Civil Revision No.244 of 1997. Judgment Abdus Salam Mamun J.- This Rule was issued calling upon the opposite party Nos.1, 3 and 4 to show cause as to why the impugned Judgment and decree dated 20‑5‑1996, decree signed on 26‑5‑1996 passed by the learned Subordinate Judge, ......t No.91 of 1977 renumbered as Title Suit No.52 of 1986 is hereby upheld. Send down the Lower Courts records at once. Ed. This Case is also Reported in: 57 DLR (2005) 356.   ..

Category: Property Law | Date: 7 Feb, 2005 | Hits: 2