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Chairman, Sherpur Paurashava Vs. Md. Jahangir Hossain Chowdhury, 2005, 34 CLC (AD)
....l against the judgment and order dated 5-11-2002 passed by the High Court Division in Civil Revision Nos. 2076 and 2077 of 1998 held against the petitioner and the Government against the judgment and decree dated 16-3-1998 of the Subordinate Judge, Second Court Sherpur in Other Appeal Nos. 45 of 199......-retainable khas land of the original landlord, we do not find any substance in the submission of the learned Counsel for the petitioner. The petitions are dismissed. Ed. ..Category: Property Law | Date: 1 Feb, 2005 | Hits: 118
Mustaque Hossain (Md). Vs. Md. Shajahan Miah and another, 2005, 34 CLC (AD)
....ith Civil Revision No.974 of 2003 absolute setting aside those dated 14‑11‑2003 allowing the Miscellaneous Case No.6 of 2003 of the Assistant Judge, 3rd Court Dhaka and setting aside the ex parte decree in SCC Suit No.3 of 393 and restoring the suit to its original file and number. 2. The re...... attributed for acceptance of the salami to render the tenant non‑ejectable in accordance with law. The petitions are dismissed. Ed. This Case is also Reported in: 26 BLD (AD) 2006, 105. ..Category: Tenancy Law | Date: 1 Feb, 2005 | Hits: 120
SMAH Ltd SMAH Ltd Vs. Government of Bangladesh and others, 2005, 34 CLC (HCD)
....te and register the deed of sale, Md. Saifur Rahman Khan instituted a suit for specific performance of contract being Title Suit No.84 of 1988 in the 2nd Court of Assistant Judge, Dhaka. The suit was decreed by judgment and decree dated 15‑8‑1998 (Annexure-E). During Pendency of the suit, the th......time of issuance of this Rule is hereby recalled and vacated. Ed. This Case is also Reported in: 57 DLR (2005) 267. ..Category: Property Law | Date: 16 Jan, 2005 | Hits: 7
Habibullah (Md) Vs. Sher Ali Khan and others, 2005, 34 CLC (AD)
....st the judgment and order dated July 7, 1997 of a Single Bench of the High Court Division in Civil Revision No. 502 of 1998 making the Rule absolute. The Rule was obtained against the judgment and decree dated July 25, 1987 of the Court of Subordinate Judge (now Joint District Judge), and Commer......the discussions made herein above we find merit in the appeal. Accordingly, the appeal is allowed. There is no order as to costs. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 55. ..Category: Civil Law | Date: 15 Jan, 2005 | Hits: 177
Arshed Ali Sikder (Md.) Vs. Gouranga Chandra Shil and others, 2005, 34 CLC (HCD)
.... Opposite Parties. Civil Revision No.1035 of 1995. Judgment Salma Masud Chowdhury J.- This Rule was issued calling upon the opposite party No.1 to show cause as to why the judgment and decree dated 21‑1‑95 and 28‑1‑95 passed by the Sub-Judge, 1st Court, Barisal in Title Appeal...... stands vacated. Send down the lower Court's record and a copy of the judgment and order to the Court concerned. Ed. This Case is also Reported in: 57 DLR (2005) 635. ..Category: Property Law | Date: 10 Jan, 2005 | Hits: 2
Afzal Molla (Md.) Vs. Government of Bangladesh & others, 2005, 34 CLC (HCD)
....a for declaration that he is the permanent licensee of the suit land and for permanent injunction with a prayer for mandatory injunction. The suit was dismissed by the trial Court by its judgment and decree dated 23‑9‑1998 which was affirmed by the appellate Court below vide judgment and decree ......e and the same is liable to be discharged. In the result the Rule is discharged without any order as to costs. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 586. ..Category: Limitation Law | Date: 10 Jan, 2005 | Hits: 6
Abdur Rahman Sikder (Md.) Vs. Nur Mohammad Khan and others, 2005, 34 CLC (HCD)
.... number being title Suit No.20/92 Borguna, and 121/55, Barisal), in the Court of Joint District Judge, for establishment of title, confirmation of possession and also for partition, and a preliminary decree was passed in that suit giving saham 6.80 acres to the plaintiffs 2nd parties and 11.10 acres......pplication for vacating the stay order is disposed of. Transmit a copy of the judgment and order to the Court below immediately. Ed. This Case is also Reported in: 57 DLR (2005) 239. ..Category: Criminal Law | Date: 10 Jan, 2005 | Hits: 4
Lal Miah (Hajee) Vs. Nurul Amin and others, 2005, 34 CLC (AD)
....or sale with the plaintiffs and as the defendant no. 2 failed to establish that he purchased the property in question in good faith without notice of the original contract there is no illegality in decreeing the suit and directing defendant no. 2 to execute and register the Kabala in favour of t......est money of Taka 15,000 paid to the defendant No. 1. The other part of the ordering portion of the judgment of the High Court Division is maintained. There is no order as to cost. Ed. ..Category: Procedural Law | Date: 5 Jan, 2005 | Hits: 147
Jaher Ali (Md.) and others Vs. Md. Ziarat Hossain, 2005, 34 CLC (HCD)
....by the defendants from the suit land forcibly. In the absence of any clear evidence as to the possession of the plaintiff prior to dispossession by the defendants from the suit land, the trial Court, decreeing the suit, committed a serious error of law resulting in an error in the decision occasioni......o dismissed. The order of stay granted earlier by this Court is hereby vacated. Send down the lower Court records at once. Ed. This Case is also Reported in: 57 DLR (HCD) (2005) 315. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 3
Mahadeb Chandra Mondal and other Vs. Dulal Chandra Mondal and other, 2005, 34 CLC (AD)
....e/defendant arose out of judgment and order dated 12-2-1995 passed by Single Judge of the High Court Division in Civil Revision No. 1400 of 1993 discharging the-rule issued against the judgment and decree dated 15-11-1992 of the Additional District Judge, First Court, Khulna in Title Appeal No. ...... Accordingly, the appeal is allowed without any order as to costs and Title Suit No. 174 of 1975 of the Court of Munsif, Second Court, dismissed without any order as to costs. Ed. ..Category: Property Law | Date: 4 Jan, 2005 | Hits: 137
Biseruddin Sarder (Md) and others Vs. Md. Tofazzal Hossain Biswas and others, 2005, 34 CLC (AD)
....nsideration of the materials on record the trial Court dismissed the suit. On appeal, being Title Appeal No. 100 of 1980, the learned Additional District Judge, 2nd Court, Kushtia by the judgment and decree dated 25‑6‑1981 allowed the appeal and set aside the judgment and decree passed by the tr......e view that the High Court Division acted illegally in interfering with the findings and decision of the Court of appeal. The appeal is, therefore, allowed without any order as to costs. Ed. ..Category: Property Law | Date: 13 Dec, 2004 | Hits: 21
Fokrul Alam Chowdhury Vs. State & another, 2004, 33 CLC (HCD)
....learned Advocate also submits that loan extended by the petitioner, rightly or wrongly, may be recovered from the concerned loanees and the Bank authority already instituted two money suits and got a decree vide Annexure-D series. Since the transactions are in the nature of civil liability, initiati...... connection with the Rule stands vacated. Send a copy of the judgment to the Senior Special Judge, Cox's Bazar, immediately. Ed. This Case is also Reported in: 57 DLR (2005) 727. ..Category: Banking Law, Criminal Law | Date: 12 Dec, 2004 | Hits: 1
Jamir Ahmed Vs. Siddique Ahmed Sowdagor and others, 2004, 33 CLC (AD)
....22 of 2002 discharging the Rule. 2. The facts leading to the leave petition are that the respondent No. 1 plaintiff filed Other Suit No. 169 of 2001 against the respondent Nos. 2 to 5 praying for decree for specific performance of contract directing the defendant-respondent Nos. 2 to 4 to regist......ity in the judgment and order passed by the High Court Division. There being no merit in the leave petition, the same is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15 ..Category: Civil Law | Date: 12 Dec, 2004 | Hits: 156
Kishore Kumar Roy Vs. Md. Anwar Hossain & another, 2004, 33 CLC (AD)
....r Respondent Nos. 1 & 2. Civil Petition for Leave to Appeal No. 701 of 2003. Judgment MM Ruhul Amin J.- This Petition for leave to appeal is directed against the judgment and decree dated 02.04.2003 passed by the Single Bench of the High Court Division in Civil Revision No. ......there is nothing to interfere with the judgment of the High Court Division. Accordingly, the leave petition is dismissed. Ed. This Case is also Reported in: 14 BLT (AD) (2006) 15. ..Category: Property Law | Date: 12 Dec, 2004 | Hits: 62
Most. Shilu Begum Vs. Md. Roshan Akter Rahman, 2004, 33 CLC (HCD)
....the opposite party Nos. 1 to 11 late Abdur Rashid Mia as plaintiff brought Other Suit No.58 of 1990 against the petitioner as well as against the pro forma opposite parties as defendants for having a decree for partition in respect of 12.77 13/20 acres of land out of 15.56 acres of land in the Court......are of the petitioner which she is entitled to get according to municipal law. Lower Court's record be sent down at once. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 48. ..Category: Property Law | Date: 7 Dec, 2004 | Hits: 88
Regent Ken International Ltd Vs. Amanat Shah Ship Breaking Industries Ltd, 2004, 33 CLC (HCD)
....dgment Md. Imman Ali J.-This Miscellaneous Case arises out an application under Order IX, rule 13 read with section 151 of the Code of Civil Procedure for setting aside the ex parte judgment and decree dated 18‑5‑2004 and 29‑8‑2004 respectively passed by this Hon'ble Court in Admira......urt within 10 days, failing which this order of restoration shall stand vacated. There will be no order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 234. ..Category: Admiralty Law or Maritime Law | Date: 30 Nov, 2004 | Hits: 6
Amir Hossain (Md.) Vs. Government of People's Republic of Bangladesh & others, 2004, 33 CLC (HCD)
.... of Subordinate Judge for specific performance of contract against the said two vendors and the Government of Bangladesh, represented by the Secretary, Ministry of Works. The said suit was eventually decreed ex parte in favour of the petitioner on 14‑4‑79 directing the aforesaid vendors, namely ...... question from the "Ka" list of the abandoned buildings within 2 months from the date of receipt of this order. Ed. This Case is also Reported in: 57 DLR (2005) 332. ..Category: Abandoned Properties Law | Date: 27 Nov, 2004 | Hits: 13
Civil Engineering Co Vs. Mahkota Technology SDN BHD and others, 2004, 33 CLC (HCD)
....roceedings of the suit. 2. Short facts for disposal of the Rule are that the plaintiff, Civil. Engineering Co instituted the suit against the defendant, Mahkota Technology and others for a money decree of Taka 2,94,93,333.69 with interest at the rate of 20%. 3. Pursuant to summons, defenda...... the Ministry of Law and Parliamentary Affairs for necessary correction of the English text of the Arbitration Act, 2001. Ed. This Case is also Reported in: 57 DLR (2005) 734. ..Category: Arbitration Law | Date: 10 Nov, 2004 | Hits: 12
Bangladesh Jute Corporation Vs. AB Jute Ltd, 2004, 33 CLC (HCD)
...., the Corporation on 23‑11‑99 first presented FMA No.92 of 2000 against order dated 28‑7‑99 passed by the Subordinate Judge and Artha Rin Adalat No.4 at Dhaka in Title Suit No.205 of 99 which decreed the suit ex-parte and made the award dated 11‑1‑95 Rule of the Court. Then, the appellan...... Awards dated 2‑5‑95 and 24‑6‑96 are accordingly set aside. Send down the records. Ed. This Case is also Reported in: 57 DLR (2005) 663. ..Category: Arbitration Law | Date: 18 Aug, 2004 | Hits: 8
Ashraful Alam Vs. Md. Moniruddin and ors, 2004, 33 CLC (HCD)
....ellant Mahbubey Alam with Sagir Anowar, Advocates- For the Respondents. First Appeal No.107 of 1997. Judgment Md. Abdur Rashid J.- Defendant No.12 presented the appeal against the decree dated 27‑2‑97 passed by the Subordinate Judge, Court No.1 at Rangpur in Other Class Suit ......gment and decree are hereby set aside. The suit is dismissed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 260. ..Category: Property Law | Date: 17 Aug, 2004 | Hits: 2