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.... Parties.
Civil Revision No.406 of 1985.
Judgment
Naimuddin Ahmed J. - This revisional application under section 115 of the Code of Civil Procedure is directed against the judgment and decree dated 15.4.85 passed by Mr. Siddiqur Rahman Mia, Subordinate Judge, 4th Court, Dhaka in Title......reby set aside and those of the learned Munsif are restored although not on the same grounds.
There will be no order as to costs.
Ed.
This Case is also Reported in: 43 DLR (1991) 44.
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Category: Employment/Service Law | Date: 20 Jun, 1990 | Hits: 74
Tamizul Haque and another Vs. Shamsul Haque and others, 1990, 19 CLC (AD)
....of the Limitation Act as it stands amended in 1962. It enables a person suffering from any legal disability to institute a suit or "proceeding" or make an application for the execution of a decree after the disability has ceased. Mr. Rafiqul Huq is of the view that an application as referr......ion'. Finding to this effect of the courts below is perfectly correct. All these appeals are therefore dismissed with costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 34. ..Category: Business or Commercial Law | Date: 31 May, 1990 | Hits: 296
Siddik Ali Vs. Nurun Nessa Khatun and others, 1990, 19 CLC (AD)
....tructed by Aftab Hossain, Advocate-on-Record-For the Respondent Nos. 1 to 10. Ex parte -Respondent Nos. 2 to 9(a) to 9(J), 11 to 15. Civil Appeal No. 21 of 1985. (From the judgment and decree dated 13.10.83 passed by the High Court Division, Comilla Bench, in Second Appeal No. 94 of 1......defendants. In the result, the appeal is allowed. Prayer for substitution is allowed after setting aside abatement. No costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 3. ..Category: Property Law | Date: 28 May, 1990 | Hits: 57
AH Shamsuddin Ahmed Vs. Begum Arafat & others, 1990, 19 CLC (HCD)
.... SM Hossain, Advocate‑For the Opposite Party No.1. Civil Revision No.201 of 1987. Judgment AM Mahmudur Rahman J. - By this Rule the defendant‑petitioner challenges the judgment and decree passed by the learned Subordinate Judge, Chandpur, in Title Appeal No.33 of 1986 setting asid....... In the result, the Rule is discharged. However, there will be no costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in: 43 DLR (1991) 52. ..Category: Property Law | Date: 22 May, 1990 | Hits: 111
Sonali Bank Vs. Nurul Kader and another, 1990, 19 CLC (HCD)
....rected against the order dated 6.4.86 of the learned Munsif, 3rd Court, Dhaka rejecting an application filed under Order 9 rule 4 CPC for restoration of Money Suit No. 23 of 1979 on Setting aside the decrees dismissing the suit to its file and number. The petitioner instituted the suit for reco......aw. Send a copy of the judgment to the learned District Judge for sending his report to this court as directed. Ed. This Case is also Reported in: 46 DLR (HCD) (1994) 21. ..Category: Civil Law | Date: 5 Apr, 1990 | Hits: 1
Kanak Mala Vs. Md. Safiuddin & others, 1990, 19 CLC (HCD)
....ni, Advocate ‑ For the Opposite Party No.1. Civil Revision No. 1015 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the Judgment and decree dated 30.6.88 passed by Subordinate Judge, 4th Court, Dhaka in Title Appeal No. 20987 affirmi......ly set aside and the suit is dismissed. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 38. ..Category: Property Law | Date: 5 Apr, 1990 | Hits: 74
Sonali Bank Vs. M/s Begg & Beg Jute Incorporated Limited & others, 1990, 19 CLC (HCD)
....t April 1, 1990. Result: The appeal is dismissed. Order 34, rule 2 (CPC) does not deal with the rate of interest that the Court should award at the time of passing the preliminary decree. Order 34, rule (2)(1) (a) (i) merely indicates the heads in respect of which account has to ...... discretion in refusing the interest to the plaintiff. In the result, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 27. ..Category: Civil Law | Date: 1 Apr, 1990 | Hits: 79
Aftabuddin Fakir Vs. Sowdagar Rabi Das & others, 1990, 19 CLC (HCD)
.... Not represented‑ the Opposite Parties. Civil Revision No.483 of 1988. Judgment Syed Fazle Ahmed J. - This Rule calls in question the legality and propriety of the judgment and decree dated 2nd May, 1988 passed by Subordinate Judge, Netrokona in OC Appeal No.2 10 of 1986 affir......ion laid down in Order XLI rule 31 CPC. In the result, the Rule is made absolute as indicated above without any order as to cost. Ed. This Case is also Reported in: 43 DLR (1991) 42. ..Category: Civil Law | Date: 29 Mar, 1990 | Hits: 65
Bangladesh Leaf Tobacco Company Ltd. Vs. Md. Abdul Mannan and others, 1990, 19 CLC (HCD)
....ed plot No.118 for more than 12 years and thereby acquired a good title by adverse possession therein; that defendant Nos.12 and 13 on the basis of some false documents obtained an ex parte decree against the defendant Nos.1‑11 without impleading the plaintiffs. 3. The suit was......e learned District Judge is directed to dispose of the appeal on merit in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 7. ..Category: Property Law | Date: 27 Mar, 1990 | Hits: 75
Zahura Khatun and others Vs. Rokeya Khatun and others, 1991, 20 CLC (AD)
.... Mustafa Kamal J.- This appeal by special leave is from the judgment and order dated 11-9-85 passed by the High Court Division, Dhaka in Civil Revision No.576 of 1984 discharging the judgment and decree of dismissal of the suit passed by the lower Appellate Court upon setting aside those of the ......gitate the same in the absence of the respondents. 9. The appeal is, therefore, dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 98. ..Category: Tenancy Law | Date: 25 Mar, 1990 | Hits: 124
Sheikh Salimuddin Vs. Ataur Rahman and others, 1990, 19 CLC (HCD)
....oes not make the plaintiff’s case believable. 10 DLR (PC) page 1 cited In the case of an expert disposal of a suit, some requirements of law must be fulfilled before passing an expert decree in favour of the plantiff by the court. The court is required to come to a finding on assessm......e are set aside and the suit is accordingly dismissed. In the facts and circumstances of the case, there will be no order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 18. ..Category: Property Law | Date: 15 Mar, 1990 | Hits: 66
Abdur Rabban (Md) Vs. Aminul Hoque Sowdagar and another, 1990, 19 CLC (AD)
....med, Senior Advocate instructed by Shamsul Huque Siddique Advocate-on- Record-For the Respondent No. 1. Ex parte - Respondent No. 2. Civil Appeal No. 70 of 1984. (From the Judgment and decree dated 13.2.84 passed by the High Court Division, Chittagong Bench in Second Anneal No 348 of ...... For the reasons stated above we do not find any merit in the appeal. The appeal is dismissed but without any order as to costs. Ed. This Case is also Reported in: 43 DLR (AD) (1991) 19. ..Category: Tenancy Law | Date: 15 Mar, 1990 | Hits: 123
Momin Miah & another Vs. Moinuddin Hossain & another, 1989, 18 CLC (AD)
....rty described in Item No.1 of Schedule ‘B’ and for realisation of this amount the bank-respondent filed T.S. No.42 of 1981 in the Court of Subordinate Judge, Dhaka; the suit ended in a compromise decree dated 30 March 1983. In terms of paragraph 5(e) of the compromise decree defendant No.1 was p......ty in dispute, that is, item No.1 of Schedule 'B' of the Compromise petition (as in T.S. No.319 of 1986). No order as to costs. Ed. This Case is also Reported in: 42 DLR (AD) (1990) 175 ..Category: Contract Law | Date: 4 Dec, 1989 | Hits: 222
Moynul Hasan and others Vs. Nazmul Haq @ Nazmul Hasan and others, 1989, 18 CLC (HCD)
....ite Parties Judgment November 28, 1989. Result: The Rule is discharged. Without issuing summons on defendant No.8, not to speak of service of summon upon him, the compromise decree in question was passed on 27.2.84 dividing the entire properties in the suit amongst the comp...... impugned order of the learned Subordinate Judge. In the result, the Rule is discharged without, however, any order as to costs. Ed. This Case is also Reported in: 43 DLR (1991) 82. ..Category: Limitation Law | Date: 28 Nov, 1989 | Hits: 219
Circle Officer, Sutrapur Vs. Mohammad, 1989, 18 CLC (HCD)
.... Manmatha Bennerjee purchased the estate including the suit tank from the legal heirs of Syama Sundari Dasya and thereafter Zaminder of Bhagyakul, Gunendur Krishna Roy Bahadur after obtaining a money decree against Monmatha in Money Suit No.34 of 1934 in the First Court of the Subordinate Judge, Dha...... the Rule is made absolute without any order as to cost. Let a copy of this judgment be sent to the District Judge, Dhaka immediately. Ed. This Case is also Reported in: 43 DLR (1991) 84. ..Category: Limitation Law | Date: 9 Aug, 1989 | Hits: 178
Meher Ali Vs. A.K. Murshid and others, 1989, 18 CLC (HCD)
.... instituted Title Suit No.56/84 in the Court of Subordinate Judge, Narayanganj against the defendant opposite parties A.K. Murshed, Full Chand Mia, Rahatan, Milan Mia, Razzak and Aklima praying for a decree of declaration of plaintiffs title in .16 acre of plot No.131 (Shabek Pukurpar-at present bhi......inate Judge, Narayanganj is directed to dispose of T.S. No.56 of 1984 in accordance with law as expeditiously as possible. Ed. This Case is also Reported in: 42 DLR (HCD) (1990) 357. ..Category: Tenancy Law | Date: 25 May, 1989 | Hits: 152
Niropoma Ritchel Vs. Mohammad Abdul Jalil Mea & others, 1989, 18 CLC (HCD)
....e - For Appellant. Khandker Mahbubuddin Ahmed - For Respondent. Appeal from Original Decree No. 59 of 1981. Judgment Latifur Rahman J.- This appeal is directed against the Judgment and decree passed by the Additional Court of Subordinate Judge, Mymensingh in O.C. Suit No. 270/79 decre......and the appeal is allowed without any order as to cost and the suit is dismissed. Let the records of the case be sent down at once. Ed. This Case is also Reported in: 41 DLR (HCD) (1989) 467...Category: Contract Law | Date: 13 Mar, 1989 | Hits: 941
Mohammad Meah Vs. Pubali Bank & others, 1988, 17 CLC (AD)
....re judgment. Pubali Bank challenged the attachment order and prayed for vacating it. This was refused by the trial Court in Miscellaneous Judicial Case No.1 of 1984. On 29th March 1984 the suit was decreed ex-parte and the plaintiff decree-holder filed Money Execution Case No. 56 of 1984. 4...... Order of the Court. By a majority decision the appeal is dismissed without order as to costs. Ed. This Case is also Reported in: 41 DLR (AD) (1989) 14. ..Category: Contract Law | Date: 1 Sep, 1988 | Hits: 252
Firoza Begum Vs. Hormuz Ali & another, 1987, 16 CLC (HCD)
....appeal is, therefore, not maintainable on this ground also. The appeal accordingly is summarily dismissed on the grounds suited above. Ed. This Case is also Reported in: 40 DLR (1988) 161.......on.- In this section, "dowry" means any property or valuable security demanded from the wife or her parent, guardian or any other relation as considerations for the marriage, but does not include dower or Mohr in the case of a person to whom the Muslim Personal Law (Shariat) applies." In this..Category: Women and Children | Date: 29 Jul, 1987 | Hits: 112
Sachindra Lal Das and others Vs. Hriday Ranjan Das, 1987, 16 CLC (AD)
....st a defendant when the suit is dismissed is not res judicata in a subsequent suit interparties. But if the adverse finding is actually the decision of the suit and it forms a fundamental part of the decree, then it will operate as res judicata. Adverse finding against the defendant, if made inciden......nciple of res judicata and dismissed the suit. In the result, the appeal is dismissed without however any order as to costs. Ed. This Case is also Reported in: 40 DLR (AD) (1988) 56. ..Category: Civil Law, Procedural Law | Date: 20 Jul, 1987 | Hits: 106
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