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Hasina Begum Vs. Deputy Commissioner, Dhaka and others, 2004, 33 CLC (HCD)
....ul Islam Advocates- For the Appellant. Not represented- The Respondents. First Appeal No.493 of 2000. Judgment Md. Abdur Rashid J.- Plaintiff presented the appeal against the decree dated 9‑7‑2000 passed by the Subordinate Judge, Court No.3 at Dhaka in Title Suit No.14 o......d auction sale is also declared without jurisdiction, illegal and void; and accordingly, quashed. Send down the records at once. Ed. This Case is also Reported in: 57 DLR (2005) 257. ..Category: Others | Date: 15 Aug, 2004 | Hits: 3
State Vs. Md. Arab Ali, Ex-Manager, Rupali Bank and others, 2005, 34 CLC (AD)
....onalised Bank. Respondent Nos. 2 and 3 are the wives of the respondent No.1. Respondent No.1 was dismissed from service for resorting to corruption. He filed Title Suit No. 2 of 1989 and the same was decreed on July 12, 1990. He submitted joining report on July 17, 1990 but the same was not accepted......rt Division was in error in quashing the proceeding of the Special Case No. 12 of 1985 of the Court of Divisional Special Judge, Dhaka. Accordingly, the appeal is allowed. Ed. ..Category: Criminal Law | Date: 10 Aug, 2004 | Hits: 84
....k is obliged to prove such entries But proof of such entries in its books of accounts shall not be sufficient evidence to entitle the bank to charge any person with any liability and ultimately, to a decree against him. The bank must adduce independent evidence in corroboration thereof.
Documen......rculate the judgment to all banks for guidance.
Parties are directed to bear their own cost.
Send down the records at once.
Ed.
This Case is also Reported in: 57 DLR (2005) 643.
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Category: Banking Law, Corporate Law | Date: 1 Aug, 2004 | Hits: 4
Dewan Abul Abbas Vs. Muna Haque and other, 2004, 33 CLC (HCD)
....es- For Respondent Nos.1 and 2. First Appeal No.172 of 1999. Judgment Md. Arayesuddin J. - This appeal at the instance of the defendant has been preferred against the judgment and decree dated 15‑4‑1994 passed by the Subordinate Judge and additional Artha Rin Adalat No.2, Dha......ellant. If no deposit is made within that period the appeal stands dismissed. Let the lower Courts records be sent down at once. Ed. This Case is also Reported in: 57 DLR (2005) 310. ..Category: Civil Law | Date: 28 Jul, 2004 | Hits: 6
Nurul Haque (Md.) Vs. Anowara Begum and others, 2004, 33 CLC (HCD)
....pposite Parties. Civil Revision No. 2040 of 1993. Judgment Abdus Salam Mamun J.-This Rule was issued calling upon the opposite parties to show cause as to why the impugned Judgment and decree dated 27‑7-1993 decree signed on 31‑5‑1993 passed by the learned Additional Distri......t No.5 of 1985 is hereby upheld. Send down the lower Court's Record at once. Ed. This Case is also Reported in: 57 DLR (2005) 702. ..Category: Property Law | Date: 27 Jul, 2004 | Hits: 2
Chairman, RAJUK Vs. MN Alam and Associates Limited, 2004, 33 CLC (HCD)
....al No. 282 of 2003 with Civil Rule No. 551(fm) of 2002. Judgment Md. Abdur Rashid J.- The Chairman, Rajdhani Unnayan Kartripakkha (in short, RAJUK) presented the appeal against the ex parte decree dated 15‑5‑02 passed by Joint District Judge, Court No.5 at Dhaka in Title Suit No.1 of 1......f stay granted at the time of issue of the Rule on 4‑9‑02 is recalled and vacated. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 626. ..Category: Arbitration Law | Date: 27 Jul, 2004 | Hits: 8
Abdul Malek Sawdagar Vs. Md. Mahbubey Alam and others, 2004, 33 CLC (AD)
.... against the said Yakub Seth and plaintiffs grandmother for declaration that the property in suit was waqf property and for recovery of khas possession by evicting Yakub Seth and others. The suit was decreed on contest on 22‑8‑1934 and the defendant fought up to the then High Court of Calcutta a......rts concerned, which would independently dispose of the same on the materials, evidence in the suit and in accordance with law. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 18. ..Category: Civil Law | Date: 20 Jul, 2004 | Hits: 160
Zamini Bala Das Vs. Abdul Aziz and others, 2004, 33 CLC (HCD)
....sion No. 3656 of 2003. Judgment Md. Abdur Rashid J. - Plaintiff obtained the Rule upon making a revision application under section 115(1) of the Code of Civil Procedure against judgment and decree dated 10‑8‑03 passed by the District Judge at Narayanganj in Title Appeal No.09 of 03 rev......f the trial Court restored. The suit is decreed as prayed for. Send down the record at once. Ed. This Case is also Reported in: 57 DLR (2005) 774. ..Category: Property Law | Date: 17 Jul, 2004 | Hits: 4
Nurul Haque and others Vs. Abdus Salam Chowdhury and ors. 2005, 34 CLC (AD)
.... Advocate‑on‑Record‑For Respondent Nos. 1‑7. Ex parte‑Respondent Nos. 8‑12 Civil Appeal No. 279 of 2001. (From the judgment and decree dated 18‑4‑2000 passed by the High Court Division in First Appeal No. 92 of 1971......ment of the High Court Division is not at all a proper Judgment of reversal. Accordingly, the same is liable to be interfered with. The appeal is thus allowed with cost. Ed. ..Category: Civil Law | Date: 13 Jul, 2004 | Hits: 196
Oriental Bank Ltd. Vs. Rina Alam and another, 2004, 33 CLC (AD)
.... 12th April 2004 passed by the High Court Division in First Appeal No. 96 of 2002). Judgment Md. Fazlul Karim J. - The defendant No. 1 petitioner seeks leave to appeal against the judgment and decree dated 12‑4‑2004 passed by the High Court Division in Appeal from Original Decree No; 96 ......nsel for the petitioner to interfere with the impugned judgment of the High Court Division. This petition is accordingly dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 51. ..Category: Civil Law | Date: 5 Jul, 2004 | Hits: 171
Hafez Abdus Salam Vs. Syed Fazlul Quader and another, 2004, 33 CLC (HCD)
....morandum of appeal for non-supply of deficit court fees…………..(16) rejection of a memorandum of appeal presented on insufficient stamped papers shall be deemed to be a decree within the meaning of section 2(2) of the Code of Civil Procedure. An appeal shall lie agains......onnected Civil Rule 550(FM) of 2003 is accordingly, discharged with cost. Communicate the order at once. Ed. This Case is also Reported in: 57 DLR (2005) 640. ..Category: Civil Law | Date: 29 Jun, 2004 | Hits: 3
Abdul Mumin alias Tanu Miah Vs. Mahfujur Rahman and others, 2004, 33 CLC (AD)
....n on the finding that the pre-emptor and the seller opposite party are co-sharers of the khatian and that pre-emptees failed to establish that there had been partition of the land of khatian by the decree of the Court or by a registered deed of partition. The trial Court also held that the Misce......on of the land transferred by the heir of Abdul Ghani to the pre-emptees. Accordingly all the appeals are dismissed There is no order as to cost. Ed. This Case is alsoReported in: 1 ADC (2004) 515...Category: Property Law | Date: 28 Jun, 2004 | Hits: 43
ACI Ltd Vs. Square Pharmaceuticals Ltd. and another, 2004, 33 CLC (HCD)
....al as not maintainable. 2. Opposite party No.1 as plaintiff instituted Title Suit No.146 of 2003 in the Court of Senior Assistant Judge at Sadar in Pabna against the petitioner and another for a decree of declaration that the licence dated 14‑10‑02 granted by defendant No.1 for production o...... by 23 August 2004 positively. 16. Parties will maintain status quo as of today till then. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 335. ..Category: Civil Law | Date: 23 Jun, 2004 | Hits: 1
....sal of the suit. It may be mentioned at the first instance the trial Court passed an order of ad interim injunction on January 3, 2001.
2. The suit was filed seeking relief primarily for a decree of total amount of Taka 70,18,17,737 against the defendant Nos. 1 and 2 severally and/or join......ot find any reason to interfere with the judgment and order of the High Court Division.
Accordingly, the petition is dismissed.
Ed.
This Case is also Reported in:56 DLR (AD) 166.
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Category: Civil Law | Date: 21 Jun, 2004 | Hits: 321
Abdul Gaffar Chowdhury Vs. Joint District Judge and Artha Rin Adalat & others, 2004, 33 CLC (HCD)
.... to why sections 6 and 7 of the Artha Rin Adalat Ain, 1990 insofar as they provide for payment of 50% of the decretal amount when it was sought by the defendant petitioner to either have the ex parte decree set aside under Order IX, rule 13 of the Code of Civil Procedure or for preferring an appeal ...... view, not maintainable. The Rule is accordingly, discharged with cost. The order of stay granted by this Court earlier stands vacated. Ed. This Case is also Reported in: 57 DLR (2005) 138. ..Category: Banking Law | Date: 14 Jun, 2004 | Hits: 310
....5. It appears that the respondent bank earlier filed a miscellaneous case being Miscellaneous Case No.2 of 1998 (Annexure-F) under Article 3 of the President's Order No.129 of 1972, praying for a decree for Taka 8,08,99,511 filed on 3‑5‑1998. In respect of the said Miscellaneous case, it is ......he Bankruptcy Court is directed to dispose of the bankruptcy case expeditiously.
The order of stay granted earlier by this Court
Ed.
This Case is also Reported in: 57 DLR (2005) 716.
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Category: Banking Law, Corporate Law | Date: 10 May, 2004 | Hits: 9
Sultan Miah (Md) Vs. Kazi Abu Siddique and others, 2005, 34 CLC (AD)
.... 2004. The Code of Civil Procedure, 1908 (V of 1908) Section 115 The High Court Division committed no error of law in confirming judgement and decree of the trial court at the same time setting aside the judgement and decree passed by the app......ned. Judgment of the, High Court Division causing failure of justice in making the Rule absolute. Therefore, this petition merits no consideration. Accordingly, it is dismissed. Ed. ..Category: Civil Law | Date: 8 May, 2004 | Hits: 825
Rokeya Begum Vs. Md. Nurul Absar and others, 2004, 33 CLC (AD)
.... record by the pre-emptees to establish that brick build 3' width 'ail' is a municipal road and that there was no amicable partition of ejmali land and the land of the jama was not partitioned by the decree of the Court. The trial Court also found that the Miscellaneous Cases were not bad for defect......e granted the relief prayed for. 28. In the background of the discussions made herein before we find merit in the appeals. Accordingly the appeals are allowed. There is no order as to costs. Ed. ..Category: Property Law | Date: 25 Apr, 2004 | Hits: 42
Abdul Jabbar Vs. Md. Lokman Hossian, 2006, 35 CLC (AD)
....r leave to appeal is directed against the judgment and order dated February 9, 2003 of a Single Bench of the High Court Division in Civil Revision No. 934 of 2001 making the Rule absolute and thereby decreeing the S.C.C. Suit No. 7 of 1993 of the Court of Senior Assistant Judge and S.C.C. Judge, Sad...... the High Court Division in making the Rule absolute. 12. In the background of the discussion made hereinabove we find no merit in the petition. Accordingly the petition is dismissed. Ed. ..Category: Tenancy Law | Date: 21 Apr, 2004 | Hits: 69
Executive Engineer, LGED, Rangpur Vs. A Latif & Company Ltd, 2004, 33 CLC (HCD)
....K Vs. MN Alam & others, 54 DLR 161 and Bangladesh Water Development Board Vs. Progati Prakushali 49 DLR 335. 20. Then, he submitted that as the award was already made Rule of the Court and a decree passed following die judgment, no appeal mould lie against such decree except on the ground t......d dated 22‑6-2000 is accordingly set aside. The arbitration agreement now ceases to have any effect. Communicate at once. Ed. This Case is also Reported in: 57 DLR (2005) 656. ..Category: Arbitration Law | Date: 11 Apr, 2004 | Hits: 3
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