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Nurul Huq (Md) @ MN Huq Vs. Nirmal Chandra Dutta & anr., 2004, 33 CLC (AD)
....sp; Amirul Kabir Chowdhury J.- This appeal by leave has been preferred by defendant Md Nurul Huq against the judgment and decree dated 25‑62001 passed by the High Court Division in appeal from Original Decree No......ave been executed by the respondent and to decide the appeal iii accordance with law. The plaintiff of the suit shall bear the costs of the examination by the Handwriting Expert. Ed. ..Category: Property Law | Date: 5 Apr, 2004 | Hits: 103
Aftab A (Capt Retired) Vs. SM Kutubuddin being dead his heirs: Nuzhat Banu & ors., 2004, 33 CLC (AD)
....arties shall not be allowed to adduce any further evidence. 2. Plaintiff‑appellant and another (respondent No. 2) filed the Other Class Suit No. 70 of 1992/Other Suit No. 86 of 1988 seeking a decree for specific performance of contract for sale of land against the predecessor of the responde......n merit. 12. Accordingly, the appeal is allowed. 13. The First Appeal No. 191 of 1992 is remitted back to the High Court Division for disposal on merit. There is no order as to costs. Ed...Category: Tenancy Law | Date: 20 Mar, 2004 | Hits: 106
Abdus Sattar (Md) and ors. Vs. Lalon Mazar Sharif & Seba Sadan Committee & ors., 2004, 33 CLC (AD)
.... judgment and order dated 27‑11‑2001 passed by a Single Bench of the High Court Division in Civil Revision No. 1783 of 1997 making the Rule absolute and thereby reversing the judgment and decree dated 30‑11-1996 passed by the learned Additional District Judge 1st Court Kushtia......onsideration of the evidence on record has arrived at the correct finding and, as such, no interference is called for. Accordingly, this leave petition is dismissed. Ed. ..Category: Property Law | Date: 11 Feb, 2004 | Hits: 127
State Vs. Nazrul Islam @ Nazrul, 2004, 33 CLC (HCD)
....to understand how the learned Additional Sessions Judge took judicial notice of another proceeding and used the same against the condemned-prisoner. He fails to notice the previous judgment, order or decree is relevant when it is tendered in evidence in support of a plea of autrefois acquit but it w...... a copy of his judgment for future reference. Send down the lower court records. Ed. This Case is also Reported in: 57 DLR (2005) 289. ..Category: Criminal Law, Evidence Law | Date: 20 Jan, 2004 | Hits: 5
Selim Saial Vs. A. Majid Molla and others, 2004, 33 CLC (HCD)
....mbodied in sub-section 10(a) of section 96 of The Act. Sub Section 10(a) of section 96 of The Act enshrines that section 96 shall not apply to a simple or complete usufructuary mortgage or until a decree or order absolute for foreclosure is made a mortgage by conditional sale. 7. The case s...... parties to bear their respective costs of the litigation. Lower Court's Record be sent down as immediate as possible. Ed. This Case is also Reported in: 15 BLT (HCD) (2007) 69. ..Category: Property Law | Date: 20 Jan, 2004 | Hits: 6
Mirpur Mazar Co-Operative Market Society Ltd. Vs. Capital Tower (Pvt) Ltd & Ors., 2006, 35 CLC (AD)
....ner has filed this petition seeking review of the judgment dated August 18, 2003 passed in Civil Appeal No. 50 of 2000. The appeal was filed by the defendant-respondent No. 6 against the judgment and decree of February 1, 1999 passed by a Division Bench of the High Court Division in Transfer Suit No......mode of allotment of the plot in question. 12. In view of the discussions made herein over we find no substance in the petition. Accordingly, the petition is dismissed. Ed. ..Category: Property Law | Date: 18 Jan, 2004 | Hits: 86
Category: Civil Law | Date: 8 Dec, 2003 | Hits: 209
Serajuddin Ahmed & ors. Vs. AKM Saiful Alam & ors., 2003, 32 CLC (AD)
....456 wherein it has been observed, "A review of such an order is therefore, competent under clause (b) of section 114 of the Code of Civil Procedure". A review under section 114(b) CPC lies in case of decree or order from which no appeal was allowed by the CPC. In the background of the decision refer...... good conscience." 30. In the background of the discussions made hereinbefore we find merit in the appeals. Accordingly, the appeals are allowed with costs in two appeals. Ed. ..Category: Constitutional Law | Date: 3 Nov, 2003 | Hits: 899
Abul Bashar and ors. Vs. Prafulla Kumar Das & ors., 2004, 33 CLC (AD)
....udge, Charfesson, Bhola, in Title Execution Case No. 1 of 1999 rejecting the application seeking stay of further proceedings of the said Execution Case. The Execution case was filed pursuant to final decree dated 31‑8‑1998 passed in a suit for partition Title Suit No. 8 of 1959 (Title Su......Division could not be pointed out calling for interference by this Division, the petition is dismissed with cost. The cost is assessed fee of one day hearing of a Senior Counsel. Ed. ..Category: Property Law | Date: 2 Nov, 2003 | Hits: 96
Shah Gauhar Jamil Palash Vs. Shah Md. Mansur, 2003, 32 CLC (HCD)
.... It was also found in the said suit that 2nd party petitioner's father Altaf Hossain was in possession of the remaining 0.0325 acre of land, According to the learned Sessions Judge, there being a decree in favour of 1st Party opposite party No.1, regulating possession in his favour there was har......e impugned judgment and order of the learned Sessions Judge is hereby vacated. Communicate the order to the court below at once. Ed. This Case is also Reported in: 57 DLR (2005) 298. ..Category: Criminal Law | Date: 1 Nov, 2003 | Hits: 1
Govt. of BD. Rep. by Adnl. DC Vs. AKM Abdul Hye & ors., 2004, 33 CLC (AD)
.... Md. Ruhul Amin J.- This appeal by the defendant No. 1, by leave, is against the judgment and decree dated August 13, 1996 passed by a Division Bench of the High Court Division in First Appeal ......; 15. In view of our discussions made hereinabove we find no merit in this appeal. Accordingly the appeal is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 29 Oct, 2003 | Hits: 1038
Amir Hossain Vs. Md. Amir Ali and another, 2003, 32 CLC (AD)
..... Ex-Parte- Respondents (In both the cases). Civil Appeal Nos. 123-124 of 1997. Judgment Md. Hamidul Haque J.- These two appeals by leave are preferred against the judgment and decree passed by the High Court Division in First Appeal Nos, 13 of 1991 and 79 of 1991. 2. Th......tered through the Court. In case of default by the appellant to pay the above amount as directed, the appeals shall stand dismissed. Ed. This Case is also Reported in: II ADC (2005) 38. ..Category: Contract Law | Date: 20 Oct, 2003 | Hits: 256
General Manager, Bangladesh Bank Vs. Saiyed Shahidul Haque and others, 2003, 32 CLC (HCD)
....amentable episode and an apt paradigm how blood of one organ of Government could be sucked by another unit of the said Government. 2. In challenge of a Judgment dated August 16, 1998 followed by a decree dismissing plaintiffs suit for a declaration of title and, also, for a decree of permanent in......se we direct that parties shall bear their respective costs of litigation. Lower Court's Record be sent down as early as possible. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 161. ..Category: Property Law | Date: 23 Aug, 2003 | Hits: 35
DU rep. by its VC Vs. Associated Engineering & Drillers, 2004, 33 CLC (AD)
....cution Case No. 21 of 1998 allowing amendment of the execution application by way of inserting Taka 38,25,141.53 towards interests and costs. 2. This appeal arose out of the suit for a decree of a bill of Taka 1,37,68,309,47 filed on the averments, inter alia, that the appellant floa......sts. The respondents are entitled to realise an amount of Taka 30,35,312 for which the execution case can proceed if the appellant fails to deposit the amount within 15 days from the date. Ed. ..Category: Civil Law | Date: 20 Aug, 2003 | Hits: 291
Capital Tower Ltd. Vs. Mirpur Mazar Co operative Market Society Ltd. & ors, 2004, 33 CLC (AD)
....; Md. Ruhul Amin J: This appeal by the defendant No. 6, Capital Tower (Pvt.) Ltd., by leave, is against the judgment and decree of 1st February, 1999 passed by a Division Bench of the High Court Division in Transfer Suit......previously numbered as Title Suit No. 92 of 1993 of the 1st Court of Assistant Judge, Dhaka) is set aside and the suit is dismissed. There is no order as to costs. Ed. ..Category: Property Law | Date: 18 Aug, 2003 | Hits: 216
Debendra Kumar Saha & another Vs. Uttara Bank Ltd, 2003, 32 CLC (HCD)
....and issue No.4 relating to what other relief plaintiff is entitled to. 7. On consideration of the depositions and documentary evidences on record, the learned Assistant Judge by his judgment and decree dated 21‑10‑1989 dismissed the suit holding that the defendants are not defaulter, the te......no substance in both these Rules. In the result, both the Rules are discharged. No cost, Send down the lower Court records. Ed. This Case is also Reported in: 57 DLR (2005) 253. ..Category: Tenancy Law | Date: 12 Aug, 2003 | Hits: 3
Category: Civil Law | Date: 11 Aug, 2003 | Hits: 21
Loretto represented by Nasreen Rahman, Principal Vs. Nasreen Sobhan and another, 2003, 32 CLC (HCD)
....dash;For the Respondents. Appeal from Original Decree (FA) No. 13 of 2003. Judgment Md. Abdul Matin J.-This appeal at the instance of the defendant is directed against the judgment and decree dated 30‑9‑2003 passed by the joint District Judge, 3rd Court, Dhaka in Title Suit No.12 ....... In the result this appeal is dismissed without any order as to costs and the impugned judgment and decree are affirmed. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 581. ..Category: Tenancy Law | Date: 4 Aug, 2003 | Hits: 171
Abdul Kader Rabbani and others Vs. Ebaruddin and others, 2003,32 CLC (HCD)
....39; and 'Kha’ schedule land and for khas possession of the 'ka' schedule land against the predecessor-in-interest of the opposite party Nos.1‑13 and other defendants. The suit was decreed on contest with costs against the contesting defendants and ex parte against the rest and th......ance with law and in the light of the observation made in the body of the judgment. Send down the LC record at once. Ed. This Case is also Reported in: 57 DLR (2005) 307. ..Category: Civil Law | Date: 1 Jul, 2003 | Hits: 4
Mrs. Razia Satter Vs. Mr. Azizul Huq and two others, 2003, 32 CLC (HCD)
..... Ghani Vs. A.N. Mahmood, 18 DLR (SC) 463, quoted with approval the following passage from Corpus Juris Secumdum- "Disobedience of, or resistance to a void mandate, order, judgment, or decree, or one issued by a Court without jurisdiction of the subject matter and parties litigan......in this rule and accordingly this rule is discharged and the contemners are acquitted of the charges-eveled against them. Ed. This Case is also Reported in: 26 BLD (HCD) (2007) 515. ..Category: Constitutional Law, Contempt of Court Law | Date: 30 Jun, 2003 | Hits: 13