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Asim Ali Vs. Badaruddin @ Suruj Mia & others, 1992, 21 CLC (HCD)
.... Muhammad Ansar Ali J.-This Rule arises out of an application under section 115(1) of the Code of Civil Procedure on behalf of the defendant‑petitioner and is directed against the judgment and decree dated 16.2.80 passed by the learned Subordinate Judge, 2nd Additional Court, Sythet in Title ...... Court are upheld. There will be no order as to cost. Let the records be sent down immediately along with a copy of this judgment. Ed. This Case is also Reported in: 46 DLR (HCD)(1994) 96 ..Category: Property Law | Date: 22 Apr, 1992 | Hits: 3
Sonwar (Md.) Vs. Kamal Kha, 1992, 21 CLC (HCD)
....zaman J. — This Rule was issued, on an application under section 25 of Small Causes Courts Act, 1887, calling upon the defendant opposite party to show cause as to why the impugned judgment and decree dated 29.5.90 passed by the Subordinate Judge, 2nd Court and SCC Judge, Sylhet in SCC Suit No......te parties without costs. The petitioner does get khas possession of the suit premises by evicting the opposite party therefrom. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 346 ..Category: Property Law, Tenancy Law | Date: 6 Jan, 1992 | Hits: 3
Jonab (Md) Ali Vs. Md Moslemuddin and another, 1991, 20 CLC (HCD)
....ion No.372 of 1984. Judgment Habibur Rahman Khan J.- This application under section 115 of the Code of Civil Procedure at the instance of the defendants is directed against the judgment and decree dated 24.4.84 and 8.5.84 respectively, passed by the Additional District Judge, 4th Court, Dh......e trial Court dismissing the suit is hereby restored. The rule is accordingly made absolute without any order as to costs. Ed. This Case is also Reported in: 44 DLR (HCD) (1992) 291. ..Category: Contract Law | Date: 3 Jun, 1991 | Hits: 958
....e kabala as per terms of the contract. The said vendor having failed to execute and register the necessary Deed, the petitioner filed Title Suit No.67 of 1975 against said Qumrul Hoque and obtained a decree for specific performance of contract and in execution of the said decree obtained a kabala th......ttlement in case No.1043 of 1987 as evidenced by Annexure I to the petition is declared to have been made without any lawful authority.
Ed.
This Case is also Reported in: 45 DLR (HCD) (1993) 5.
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Category: Property Law | Date: 12 Mar, 1991 | Hits: 77
Coal Controller Vs. Ventura Industries Ltd, 1991, 20 CLC (HCD)
....le Bench of this court examined the point as to the maintainability of the application under the inherent jurisdiction of this court for restoration of an application for setting aside of an ex parte decree passed under section 17 of the Arbitration Act. The court in allowing the application under s...... Court, Dhaka where the application under section 8 is pending. The connected Civil Rule being No. 269 (fm) of 1990 is discharged. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 5 ..Category: Arbitration Law | Date: 5 Feb, 1991 | Hits: 5
Shamsul Haque and others Vs. Sarafat Ali and others, 1991, 20 CLC (HCD)
.................Opposite Parties Judgment January 30, 1991. Result: The judgment and decree of the trial Court is restored. Cases Referred to- Shriram Surajmal Vs. Shriram Aun......the reasons stated above, I set aside the judgment and decree of the lower appellate Court and restore those of the trial Court. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 57. ..Category: Property Law | Date: 30 Jan, 1991 | Hits: 2
Bangladesh Vs. Md. Fazlul Huq, 1991, 20 CLC (AD)
....d a vested right to the post of IPO by virtue of his acting in that capacity for about five years and enjoying all the emoluments and other benefits must fail. The appeal is allowed. The judgment and decree of the trial Court are restored. No costs. Before we part with the case, we like to poin......k is to avoid a clutter which cannot be used as a sorting device for ascertaining facts at the last court of the country. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 144. ..Category: Employment/Service Law | Date: 27 Nov, 1990 | Hits: 112
Tayeb Ali Vs. Abdul Khaleque and others, 1990, 19 CLC (AD)
....ted 15.5.1983 passed by the High Court Division, Comilla Bench, in SA No.471 of 1973). Judgment Mustafa Kamal J.- This is the plaintiff's appeal from the second appellate judgment and decree of a learned Single Judge of the High Court Division, Comilla Bench dated 15‑5‑83 in SA N......any time the present suit is not maintainable without a prayer for partition. Hence the appeal is dismissed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 87. ..Category: Property Law | Date: 27 Nov, 1990 | Hits: 47
Shambhu Nath Poddar Vs. Bangladesh Railway and others, 1990, 19 CLC (AD)
....ifur Rahman J.- This appeal by the plaintiff is directed against the judgment and order of the High Court Division passed in Civil Revision No. 1247 of 1982, setting aside the concurrent judgment and decree of the Court of Additional District Judge, 3rd Court, Mymensingh passed in Money Appeal No. 7......tly, the judgment of the High Court Division is set aside and the suit is decreed. The appeal is allowed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 82. ..Category: Civil Law | Date: 19 Nov, 1990 | Hits: 107
Narayan Chandra Sil Vs. Manhar Mandal, 1991, 20 CLC (AD)
....ch it must be presumed that the son of defendant No. 1 had knowledge of the execution case when he himself was a party in the execution proceeding. The High Court Division failed to consider that the decree was put into execution for realisation of decretal costs and the validity of the decree was n......tly, the judgment of the High Court Division is liable to be set aside. In the result, the appeal is allowed without costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 152. ..Category: Property Law | Date: 11 Nov, 1990 | Hits: 50
Farida Aziz Vs. Government of Bangladesh, 1990, 19 CLC (HCD)
....ndant Nos. 4 and 5 in the said suit. On several dates although defendant Nos. 4 and 5 took adjornments for filing written statement but it was not filed and the Court ultimately on September 13, 1985 decreed the suit ex parte. Pursuant to the said decree the petitioner got the deed registered throug......ment have been made and/or passed without any lawful authority and are of no legal effect. In the result, the Rule is made absolute. Ed. This Case is also Reported in: 45 DLR (HCD) (1993) 12...Category: Property Law | Date: 5 Nov, 1990 | Hits: 95
Anwara Begum and others Vs. Shahanewaz and another, 1991, 20 CLC (AD)
....f the defendants will be treated to be an appeal on behalf of all the defendants and the benefit of the appeal may be extended in favour of the non‑appealing defendants as because the ground of the decree against all of them is common. Thus the provision of rule 4 of Order 41 only authorises one o......rder XLI rule 20 the matter perhaps would not have come to such a pass and the appeal could be spared a technical knockout. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 156. ..Category: Civil Law | Date: 22 Aug, 1990 | Hits: 106
Mahbubul Alam Chowdhury and others Vs. Chaman Ara Begum and others, 1991, 20 CLC (AD)
.... SR Pal, Senior Advocate instructed by Aminul Huq, Advocate-on-Record-For the Respondent Nos. 1‑8. Ex part Respondent Nos.9‑19. Civil Appeal No.7 of 1986. (From the judgment and decree dated 15, 8.84 passed by the High Court Division, Chittagong Bench in First Appeal No.153 of ...... all the above reasons we do not find any merit in the appeal which is dismissed without however any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 121 ..Category: Civil Law | Date: 14 Aug, 1990 | Hits: 121
Golam Kader Vs. Abdul Khaleque Choukder and others, 1990, 19 CLC (AD)
....nce of contract wherein the real question to be determined is whether the contract for sale between the parties was a genuine one and whether on the basis of that the plaintiffs are entitled to get a decree. 8. From the application for addition of party it appears that the present appellants ar......uit No.7 of 1969 with the present suit, if they so desire. Consequently, this appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 106. ..Category: Civil Law | Date: 13 Aug, 1990 | Hits: 94
Badsha Mia and others Vs. Abdul Latif Majumder and others, 1990, 19 CLC (AD)
....of Tk.500/‑ in default to suffer simple imprisonment for 3 days more each. 2. The short fact that will be necessary for disposal of this appeal is that, the plaintiffs‑respondents obtained a decree in Title Suit No. 73 of 1980 from the Court of 3rd Subordinate Judge, Comilla on 6.7.81. The ......ond forthwith. The Deputy Commissioner, Comilla will report compliance of the order of this Court within 2(two) months from date. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 10. ..Category: Criminal Law | Date: 30 Jul, 1990 | Hits: 59
....f, Sadar, Mymensingh. This Jahura Khatun claims herself as the daughter of late Burmatullah Gazi who was the father of the aforesaid 3 vendors of the bank‑in-liquidation. Mrs. Jahura Khatun got a decree in the aforesaid suit against Mr. Narayan Chandra Paul the defendant No. 3, who, against the ......suit is dismissed on contest against the defendant No. 2 and 3 and ex parte against the rest. But there shall not be any order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 558.
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Category: Banking Law | Date: 23 Jul, 1990 | Hits: 158
Attor Mia and another Vs. Mst. Mahmuda Khaton Chowdhury and others, 1990, 19 CLC (AD)
....ellant No.1 and for mandatory injunction directing him to remove the bamboo-fencing and other obstructions put on the pathway and also for permanent injunction. 4. The learned Subordinate Judge decreed the suit by his judgment and decree dated 16.11.85 and directed respondent No.1 to transfer ......s own. Hence the appeal is allowed and remanded to the High Court Division for disposal in accordance with law. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 78. ..Category: Property Law | Date: 22 Jul, 1990 | Hits: 43
Rahima Khatun (Mst) & others Vs. Daily Rani Dasi, 1990, 19 CLC (AD)
....urt Division, Rangpur Bench in Second Appeal No.162 of 1974). Judgment Mustafa Kamal J.- This appeal by special leave by the defendant-appellants is from the second appellate judgment and decree dated 10. 12.84 passed by a learned Single Judge of the High Court Division, Rangpur Bench in......ct and law, arrived at by the lower Appellate Court. The appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 55. ..Category: Tenancy Law | Date: 17 Jul, 1990 | Hits: 115
Idris Ali Bhuiyan Vs. Enamul Haque and another, 1990, 19 CLC (AD)
.... follows: 2. The petitioner as plaintiff instituted Title Suit No. 589 of 1983 in the 1st Court of Assistant Judge, Dhaka impleading the respondents as the defendants, inter alia, (a) For a decree declaring that the Schedule sale deed No. 14705 dated 8.8.1972 is adjudged as void, delivered......d that can at times also be exercised to do full and effective justice in a case. Hence, the review petitions are dismissed. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 12. ..Category: Property Law | Date: 17 Jul, 1990 | Hits: 30
Bijoy Kumar Basak Vs. Narendra Nath Datta & others, 1990, 19 CLC (HCD)
....72 in the Court of Munsif (Now Assistant Judge, Sadar, Rajshahi for Specific performance of a contract against one Raghu Nandan Saha on the basis of a bainanama dated 21.5.69 and obtained an ex parte decree on 20.12.73 after causing the alleged service of summons upon the defendants under Order 5 ru......he date of receipt of this order, in accordance with law. Let a copy of this order be transmitted to the Court concerned at once. Ed. This Case is also Reported in: 43 DLR (1991) 68. ..Category: Property Law | Date: 11 Jul, 1990 | Hits: 67
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