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Jabed Ali Sheikh (Md) and others Vs. Md. Abdus Sobhan Sheikh and others, 2002, 31 CLC (AD)
....Sobhan Sheikh and others………….Respondents Judgment April 30, 2002. Result: The petition is dismissed. The Code of Civil Procedure, 1908 (V of 1908), Order XXI rule 26 The decree holders should be allowed to enjoy the fruits of the decree and upon filing a subsequent suit......point out any legal infirmity in the same. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 64. ..Category: Property Law | Date: 30 Apr, 2002 | Hits: 121
Gouri Das and ors. Vs. ABM Hasan Kabir and others, 2003, 32 CLC (AD).
.... was filed and against Title Suit No. 133 of 1981, Title Appeal No. 20 of 1999 was filed. Both the appeals were heard together and dismissed by the District Judge, Comilla affirming the judgement and decree of the trial Court by his judgement dated 18‑3‑1991. Against Title Suit No. 172 of 1985 n......urt Division is not correct inference. In view of the above, the appeals are dismissed without any order as to cost. Ed. This Case is also Reported in: II ADC (2005) 449, 635. ..Category: Tenancy Law | Date: 9 Apr, 2002 | Hits: 148
Aroti Rani Paul Vs. Sudarshan Kumar Paul and others, 2002, 31 CLC (AD)
....00 of 1997 against the judgment and order dated 3rd March, 1997 passed by a Single Bench of the High Court Division in Civil Revision No. 323 of 1994 making the Rule absolute against the judgment and decree passed oil 21st September, 1993) by the learned Additional District Judge, Dinajpur in Other ......indings and decisions of the High Court Division and consequently the appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 56 DLR (AD) 73. ..Category: Family Law | Date: 1 Apr, 2002 | Hits: 181
Mahmood Alam (Md.) and another Vs. Moklesur Rahman Bhuiya, 2002, 31 CLC (HCD)
....nt Md. Abdur Rashid J.- This Rule was obtained by defendant Nos. 1 and 10 upon making a revision application under section 115 of the Code of Civil Procedure against judgment and decree dated 30-3-2000 passed by Additional District Judge, Court No. 2 at Barisal in Title Appeal N......ed judgment and decree affirming those of the trial Court are hereby confirmed. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (HCD) (2002) 523. ..Category: Property Law | Date: 27 Mar, 2002 | Hits: 4
Abul Hussain and others Vs. Afezuddin Mondal and others, 2003, 32 CLC (AD).
....n for Leave to Appeal No. 353 of 1995 against judgment passed by a Single Bench of the High Court Division in Civil Revision No. 371 of 1991 making the Rule absolute on setting aside the judgment and decree passed in Title Appeal 170 of 1987 of the Court of Subordinate Judge and Artha Rin Adalat, Je...... The appeal is allowed without any order as to cost. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 93. ..Category: Property Law | Date: 18 Mar, 2002 | Hits: 80
Shah Newaz Ebne Mostaque & ors. Vs. Shah Alam and others, 2003, 32 CLC (AD).
....), Article 181 As the execution case was pending, it was not hit by Article 181 of The Limitation Act and it is the duty of the court to proceed with the same suo muto and the decree holder is not required to file an application to proceed with the pending execution case&hel...... The petition is therefore dismissed. Ed. Same Case Cited in: 55 DLR (AD) (2003) 69. ..Category: Procedural Law | Date: 4 Mar, 2002 | Hits: 99
Category: Property Law | Date: 12 Feb, 2002 | Hits: 28
Abdul Rashid Vs. Santi Bhusan Deb and others, 2003, 32 CLC (AD).
....o appeal at the instance of the plaintiff is directed against the impugned judgment and order dated 31‑5‑2001 making the Rule absolute, dismissing the suit, setting aside the judgment and decree of the Courts below decreeing the suit for specific performance of contract. &nb...... This petition is dismissed. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 86. ..Category: Property Law | Date: 26 Jan, 2002 | Hits: 100
Shankar Lal Das Vs. Janata Bank and others, 2001, 30 CLC (HCD)
....issued against the petitioner and his wife, opposite party No. 2. In the circumstances, the Bank on 13-9-82 obtained a compromise executed by the petitioner and thereupon, on 16-9-82 obtained a final decree upon such compromise from the Court. 3. As per terms of the compromise decree, Mr. Jamsh......he judgment debtor, the execution will only proceed to recover the amount in accordance with law. Send down the records at once. Ed. This Case is also Reported in: 54 DLR (2002) 371. ..Category: Banking Law | Date: 18 Nov, 2001 | Hits: 146
Chief Engineer, C & B and another Vs. Shah Hingul Mazar Sharif and others, 2001, 30 CLC (AD)
....cord—For the Petitioners. Ataul Huq, Advocate-on-Record—For Respondent Not represented—Respondent Nos. 2-4. Civil Petition for Leave to Appeal No.999 of 1998. (From the judgment and decree dated 24th February ,1998 passed by the High Court Division in Civil Revision No. 3165 of 199...... the respective parties would remain open to be decided in an appropriate forum. With this observation this petition is disposed of. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 73. ..Category: Trust/Waqf Law | Date: 9 Aug, 2001 | Hits: 211
Dudu Mia and others Vs. Ekram Miah Chowdhury and others, 2002, 31 CLC (AD)
....cific Relief Act, 1877 (I of 1877), Section 42 Plaintiff cannot have mere declaration of title in the suit property without seeking further declaration either that the impugned decree was not binding on him being collusive or void ab initio and as such his suit for mere decl......r Class Suit No. 1969 are restored. There is no order as to costs. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 7. ..Category: Civil Law | Date: 5 Aug, 2001 | Hits: 136
Suhel Ahmed Chowdhury Vs. Salahuddin Ayubi and others, 2002, 31 CLC (AD)
....nsiderations have suffered a great deal because of the lack of objectivity and perhaps, over placed sympathy for the respondent who was alleged to have been deprived of the fruit of the court’s decree for more than a decade. The court has fallen on the appellant with heavy hands to express its......y set aside and he is exonerated from all the liabilities with honour and dignity. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 82. ..Category: Criminal Law | Date: 30 Jul, 2001 | Hits: 95
Sahera Khatun and others Vs. Abdul Gaffar @ Abdul Gaffar and others, 2003, 32 CLC (AD).
.... The Code of Civil Procedure, 1908 (V of 1908), Section 51(a) & Order XXI rule 11(2) (j) (i) To facilitate execution of a decree for delivery of possession of an immovable property the plaintiff must specify the property.......sp; The appeal is accordingly, dismissed without costs. Ed. Same Case Cited in: 55 DLR (AD) (2003) 79. ..Category: Procedural Law | Date: 8 Jul, 2001 | Hits: 91
Abdur Noor and others Vs. Mahmood Ali and others, 2002, 31 CLC (AD)
....ve to appeal is against judgment and order dated 4-6-1997 passed by the High Court Division in Civil Revision No.5010 of 1991 (Dhaka), Civil Revision No.53 of 1990 (Sylhet) reversing the judgment and decree passed by the learned SSC Judge and Subordinate Judge, 2nd Court, Sylhet in SCC Suit No.66 of...... interference. There is, therefore, no merit in this petition and the same is accordingly dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 67. ..Category: Tenancy Law | Date: 3 Jun, 2001 | Hits: 75
Gazi M Towfic Vs. Agrani Bank and others, 2001, 30 CLC (AD)
.... is dismissed. The Artha Rin Adalat Act, 1990 (IV of 1990), Section 6 The Constitution of Bangladesh, 1972, Article 102 There is special provision for appeal against the judgment and decree passed by the Artha Rin Adalat so no application under Article 102 of the Constitution is mai......cree. The High Court Division therefore rightly rejected the application summarily. The leave petition is dismissed. Ed. This Case is also Reported in: 54 DLR (AD) (2002) 6. ..Category: Business or Commercial Law | Date: 29 May, 2001 | Hits: 145
Government of Bangladesh Vs. Mirpur Semipucca (Tin-shed) Kalayan Samity & others, 2001, 30 CLC (HCD)
....e—For the Opposite Parties. Civil Revision Case No. 3760 of 2000. Judgment SK Sinha J. - This Rule was issued calling upon the opposite parties to show cause why the judgment and decree dated 11-3-1999 of the learned Additional District Judge,1st Court, Dhaka in Title Appeal No.......mmunicated to Mr. Md. Nurul Islam then Subordinate Judge, Dhaka by name at his present assignment for his perusal and future guidance. Ed This Case is also Reported in: 54 DLR (2002) 364. ..Category: Evidence Law | Date: 21 May, 2001 | Hits: 183
Hossain (Md) and others Vs. Dildar Begum and others, 2003, 32 CLC (AD).
....n of the heirs of deceased parties but in a suit for partition heirs of the deceased parties should be brought on record to avoid complications as right to sue of the heirs survives till the final decree is passed. Lawyers Involved: ......aside abatement. The will be no order as to costs. Ed. This Case is also Reported in: 55 DLR (AD) (2003) 60. ..Category: Procedural Law | Date: 19 Feb, 2001 | Hits: 106
Hosna Ara Begum others Vs. Montaj Ali and ors. 2003, 32 CLC (AD).
....nbsp; Md. Gholam Rabbani J: This matter has arisen out of a small cause court suit for ejectment of monthly tenants instituted by the appellants before us against the tenant-respondents. The suit was decreed by the judgment and decree dated 8-11-1995 on the finding that the tenant-defendants I habit......sion in Civil Revision No. 1200 of 1996 are set aside and the judgement and decree dated 8-11-1995 passed by the SCC Judge, Sadar, Sylhet, in SCC Suit No. 3 of 1992 are restored. Ed. ..Category: Civil Law | Date: 15 Jan, 2001 | Hits: 163
Abdur Rouf Chowdhury Vs. Abdul Hashem (Hashu) and another, 2000, 29 CLC (HCD)
....d 13-5-98 passed by the Assistant Judge, 1st Court Dhaka in Title Suit No.134 of 1998 should not be set aside. 2. Brief facts are that, the petitioner instituted the aforesaid suit praying for a decree of permanent injunction restraining the defendant opposite parties from entering into the sui......t and order and accordingly no interference is called for. In the result, the Rule is discharged without order as to cost. Ed. This Case is also Reported in: 53 DLR (HCD) (2001) 458. ..Category: Property Law | Date: 17 Oct, 2000 | Hits: 136
Category: Family Law | Date: 1 Jan, 2000 | Hits: 240