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Begum Lutfunnessa Vs. Md. Shafiullah and others, 2003, 32 CLC (AD)

....y 16, 1997 passed by the High Court Division in First Appeal No. 1 of 1988). Judgment Md. Ruhul Amin J.- This appeal, by leave, has been filed by the defendant No. 1 against the judgment and decree dated January 16, 1997 of a Division Bench of the High Court Division in First Appeal No. 1 o......of Subordinate Judge, Commercial Court No. 2, Dhaka. Accordingly, the appeal is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 102. ..

Category: Civil Law | Date: 18 May, 2003 | Hits: 202

Jahanara Begum and others Vs. Hazera Khatun, 2003, 32 CLC (AD)

....red into a written agreement with him for the sale of the premises on 21.4.1968 and received a sum Tk. 1,50,000/- out of Tk. 3,50,000/-. His further case is that in Title Suit No. 53 of 1973 he got a decree of permanent injunc­tion. 4. Respondent No. 8, the original owner of the suit property ...... not sustainable in law and the same is accordingly set aside. In the result the appeals are allowed but without any order as to costs.  Ed. This Case is also Reported in:  ..

Category: Contract Law | Date: 12 May, 2003 | Hits: 251

Sazzadul Haque Liku (Md.) and others Vs. Sarder Anwar Hossain, 2003, 32 CLC (HCD)

....such, the Courts below rightly passed the order of temporary injunction and, therefore, no interference is called for by this Court. 9. From the plaint it appears that the plaintiff prayed for a decree for permanent injunction restraining defendant Nos.1 and 2 from changing the polling stations......his Rule is made absolute. The impugned judgment and order is set aside and the plaint is rejected. No order as to costs. Ed. This Case is also Reported in: 57 DLR (2005) 273.   ..

Category: Civil Law, Election Law | Date: 24 Mar, 2003 | Hits: 2

Salema Khatun Vs. Matiur Rahman, 2003, 32 CLC (HCD)

....ice and though found that notice under section 106 of the Transfer of Property Act was not served recorded the issue in favour of the plaintiff and, against the defendant. Accordingly by judgment and decree dated 29.1.2001 the trial Court decreed the plaintiff's suit. 5. Being aggrieved the......e of the rule is vacated. In the facts of the case, I do not make any order as to costs. Send down the lower Court record. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 339. ..

Category: Tenancy Law | Date: 8 Feb, 2003 | Hits: 61

Abul Hossain (Md) Vs. State, 2003, 32 CLC (AD).

....‑1995 stating, inter alia, that the appellant filed a mutation case before the Upazila Revenue Officer, Satkhira, on 11‑8‑1984. He had also submitted a Photostat certified copy of a decree of Title Suit No. 663 of 1978 of the Second Court of Munsif, Satkhira in support of his case.......urt Division 'Further enquiry" is directed to be held. Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 125.  ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 80

Nasima Akhter Vs. Md. Siraj Miah and other, 2003, 32 CLC (AD)

....ected against the Judgment and order dated 21‑1‑2002 passed by the Division Bench of the High Court Division in First Appeal No. 122 of 1992 allowing the appeal and setting aside the judgment and decree dated 24‑3‑1992, passed by the learned Subordinate Judge, Additional Court, Narayanganj i......fers from no illegality and/or infirmity and we are not inclined to interfere with the same. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 57 DLR (AD) (2005) 38. ..

Category: Property Law | Date: 4 Feb, 2003 | Hits: 147

Islami Bank Bangladesh Ltd. Vs. Sub-Judge and Additional Artha Rin Adalat & others, 2003, 32 CLC (AD

....ttiar reported in AIR 1930 Madras, 364 and therein it has been observed “The respondent could not compel the appellants to exercise the power of sale as a means of discharging or satisfying the decree. His only rights were (1) in case the appellants exercised the power, to insist that it shoul...... allowed.   There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 121.  ..

Category: Business or Commercial Law | Date: 28 Jan, 2003 | Hits: 112

Alfazuddin Ahmed Vs. Abdur Rahman and others, 2003, 32 CLC (AD).

....quisition and Tenancy Act, 1951 (XXVIII of 1951) Section 117(i) (c) With preparation of separate khatian consequent upon partition of the non-agricultural land in a suit for partition final decree having been concluded upon such judgment and transfer taking place after preparation of suc......emption case is dismissed. There is no order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 108.  ..

Category: Property Law | Date: 21 Jan, 2003 | Hits: 81

Cinmoy Chowdhury and another Vs. Mridul Chowdhury and Others, 2003, 32 CLC (AD).

....                 Abu Sayeed Ahammed J.- Defendants are appellants. This appeal is against the judgment and decree dated 24‑5‑2000 of a Division Bench of the High Court Division passed in First Ap......ils and is dismissed without any order as to costs.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 115.  ..

Category: Property Law | Date: 25 Nov, 2002 | Hits: 87

Humayun M Vohra Vs. ESPN Star Sports and others, 2003, 32 CLC (AD).

....p;…………..Respondents   Judgment   November 23, 2002.   Execution of decree outside Bangladesh  Any decree of any Court in Bangladesh is enforceable in fore......   The petition is dismissed.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 99.  ..

Category: Procedural Law | Date: 23 Nov, 2002 | Hits: 103

Zyta Garments Ltd. Vs. Union Bank Ltd. and another, 2003, 32 CLC (AD).

....avour of ENAR (Pvt) Ltd. Karachi, Pakistan, for supply of fabrics but the supplier failed to supply fabrics on time and when supplied, it supplied inferior quality fabrics. It apprehends that if a decree is passed the money under the decree will be debited from the petitioner's account causing i......ary and proper party to be added in the suit and find no illegality or infirmity in its judgement calling for our interference. The leave petition is dismissed. Ed. ..

Category: Civil Law | Date: 19 Nov, 2002 | Hits: 169

Tarak Chandra Majhi Vs. Atahar Ali Howlader and others, 2002, 31 CLC (AD)

....by leave is against the judgment and order dated July 23, 1999 of a Single Bench of the High Court Division in Civil Revision No. 2118 of 1993 making the Rule absolute upon reversing the judgment and decree dated Octo­ber 28, 1992 of the Court of Subordinate Judge, Pirojpur in Title Appeal No. 106 ...... judgment and decree of the appellate court is restored.  There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 481; 8 MLR (AD) 209, 8 BLC (AD) 67. ..

Category: Evidence Law | Date: 18 Nov, 2002 | Hits: 74

Asalat Zaman (Md) and others Vs. Government of Bangladesh and others, 2003, 32 CLC (AD).

...., Rangpur and registered as Miscellaneous (Arbitration) Suit No. 42 of 1993. There was no appearance from the side of Bangladesh Railway. Resultantly, the learned Subordinate Judge passed an ex parte decree on 21 August 1996 making the award 4, Rule of the Court directing payment of the dues to the ......as aforesaid with interest at the bank rate till realisation.   Ed.   This Case is also Reported in:  55 DLR (AD) (2003) 139.  ..

Category: Alternative Dispute Resolution | Date: 17 Nov, 2002 | Hits: 223

Government of Bangladesh and another Vs. MA Khair Bhuiyan, 2003, 32 CLC (AD).

....jurisdiction and prayed for restoration of possession as an ancillary relief after setting aside the entire execution proceeding. This Court held, inter alia, that "It is found that the modified decree was passed on 22‑3‑1960 and to avoid the question of limitation a modified decree......e appeal in accordance with law. In the result, the appeal is allowed without any order as to costs. Ed. This Case is also Reported in:  55 DLR (AD) (2003) 76. ..

Category: Civil Law | Date: 4 Nov, 2002 | Hits: 152

Maico Jute and Bag Corporation Vs. Bangladesh Jute Mills Corporation & others, 2002, 31 CLC (AD)

....itration in accordance with clause 18 of the contract between the parties. 2. On 13-5-2001 the plaintiff instituted the Money Suit against the defendants, a statutory corporation and others for a decree of US$ 436,578.58 equivalent to Taka 24,011,821.90 as compensation with interest at Taka 3,81......impugned judgment and do not find any illegality or infirmity with impugned judgment for our interference. The petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) 23. ..

Category: Alternative Dispute Resolution | Date: 20 Aug, 2002 | Hits: 280

Bux Shipping Line Vs. Bangladesh Water Development Board & others, 2002, 31 CLC (AD)

....petitioner seeks review of the judgment of December 12, 2001 in Civil Appeal No. 195 of 2000 (heard along with Civil Petition No. 1181 of 2000). The Civil Appeal was filed against the judgment and decree of February 1, 2000 of a Division Bench of the High Court Division in First Appeal No. 269 o......alization thereof. The review peti­tion has no merit. Accordingly the same is dismissed. There is no order as to costs. Ed. This Case is also Reported in: 1 ADC (2004) 476...

Category: Alternative Dispute Resolution | Date: 18 Aug, 2002 | Hits: 217

Antibiotic Stores & ors Vs. Subordinate Judge and Artha Rin Adalat & anr., 2003, 32 CLC (AD).

....ney. The petitioners paid back part of the amount of the loan money. The respondent No. 2 then filed Title Suit No. 22 of 1991 in the Court of respondent No. 1 for realisation of money and obtained a decree on 8‑10‑1992 in the suit for realisation of money by selling the mortgaged proper......matter we do n any substance in the submission of the Counsel for petitioners for our interference impugned judgment of the High Court Division. The petition is dismissed.  Ed. ..

Category: Business or Commercial Law | Date: 12 Aug, 2002 | Hits: 121

Shishir Kanti Pal and others Vs. Nur Muhammad and others, 2002, 31 CLC (AD)

....st the judgment and order of July 10, 2001 of a Single Bench of the High Court Division in Civil Revision No. 110 of 1994 discharging the Rule. The civil revision was filed against the judgment and decree of 31st October, 1993 of the Court of District Judge, Lakshmipur in Title Appeal No. 44 of 1......sion made herein above we find no substance in this petition. Accordingly, the petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 39.  ..

Category: Civil Law | Date: 27 Jul, 2002 | Hits: 175

Goutam Chandra Das alias Goutam Kumar Das Vs. State, 2002, 31 CLC (HCD)

....at No.2 Jhalakati, in Nari-o-Shishu Case No.40 of 1999 is hereby set aside. Send down the lower Court record expeditiously. Ed. This Case is also Reported in: 55 DLR (HCD) (2003) 527. ......wapan, Shankar and Anil Das in the dock. On the date of occurrence the brother of the informant-victim told the accused appellant that he should leave Panna Rani Chakraborty and give up the demand of dower of Taka 5,000. Purnima also reiterated the same statement. At that time the accused appellant ..

Category: Women and Children | Date: 20 Jul, 2002 | Hits: 173

State Vs. Chief Editor, Manabjamin and others, 2002, 31 CLC (HCD)_Part One

....to vindicate its dignity and authority which was regulated by Judiciary Act of 1789 and further restricted by Act of 1831, which limited punishable contempt to disobedience to any judicial process or decree and to misbehaviour in the presence of the Court. (xii) That in the United States, Judge......imprisonment for a period of one month with a fine of Taka 2000 (two thousand) payable within two months, in default, to undergo further simple imprisonment for a period of one month. Part Two ..

Category: Contempt of Court Law, Criminal Law | Date: 20 May, 2002 | Hits: 201