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Kazi Akbar Hossain Vs. Shamsuddin Ahmed & others, 1979, 8 CLC (HCD)
....et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ...... O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika Registrar in the area of Nagarpur Police Station and that the appointment of defendant Nos. 1 and 2 as Nika Registrars for the same area is illegal, ......et aside. But it is directed that the suit be disposed of within 3 months from today, Send down the record at once. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 430. ......rict Judge Tangail, in Misc. Appeal No. 34 of 1978 reversing an order of temporary injunction passed by the Munsif 3rd Court Tangail in O. C. Suit No. 225 of 1977. 2. Petitioner before me is the plaintiff who filed the suit for a declaration that he is the lawfully appointed Nika Registrar in t..Category: Family Law | Date: 30 Nov, 1979 | Hits: 1
Alhaj Aklima Khatun & another Vs. Shah Alam & another, 1979, 8 CLC (HCD)
.... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......& another…………………Respondents Judgment August 23, 1979. Result: The Rules are made absolute. Oral gift of non-agricultural land by a Muslim is valid notwithstanding subsequent execution and registration of a deed of gift. ...... C. R, Nos. 1035 (f) of 1975 and 1002 (fm) of 1975 are made absolute. Ed. This Case is also Reported in: 1 BLD (HCD) (1981) 34. ......ahman, Advocates- For the Appellants. Fakir Abdul Mannan with Bazlur Rahman, Advocates-For the Respondents. F.A. 47 of 1975 Judgment Abdul Wadud Chowdhury J. - This appeal by the plaintiffs arises out of a suit for declaration that the plaintiffs are the owners of the property o..Category: Property Law | Date: 23 Aug, 1979 | Hits: 3
Dr. Mohammad Hossain and anr. Vs. Abdul Malek Khan, 1979, 8 CLC (AD)
....ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......32 DLR (AD) (1980) 24. ......ave decided the question on the facts before us. In the result, we dismiss the appeal without any order as to costs. Ed. This Case is also Reported in: 32 DLR (AD) (1980) 24. ......d by the High Court in F.A. No. 195 of 1974) Judgment K. Hossain CJ.—The defendants are the appellants. The facts in dispute are not much and they may be set out in a few words. The plaintiff and the two defendant-appellants earlier brought a suit for specific performance of co..Category: Contract Law | Date: 23 Aug, 1979 | Hits: 236
Abul Bashar Toha Vs. Sujayat Ali and others, 1979, 8 CLC (AD)
....y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......esent: Kemaluddln Hossain CJ Ruhul Islam J KM subhan J Abul Bashar Toha…………………….......Appellant Vs. Sujayat Ali and others……………………Respondents Judgment ......y the Court below and send the case back on remand to the High Court Division for disposal of the appeal in accordance with law. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 326. ......der 22 of the Code of Civil Procedure is involved. Detailed facts in controversy between the parties need not be set out excepting that the appeal arises out of a suit for partition instituted by the plaintiff respondent. It was decreed in preliminary form by the trial Court and on appeal the first ..Category: Procedural Law | Date: 12 Jul, 1979 | Hits: 95
Serajul Mostafa Vs. Ali Ahmed Sikder & others, 1979, 8 CLC (HCD)
....of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......rties Judgment April 5, 1979 Result: The Rule is disposed of. Case Referred to- Md. Saddat All Khan Vs.The Administrator, Corporation of City Lahore, AIR 1949 Lah 186, Anandamoyee Desai Vs.Rudra Mohanti, 18 CLJ 141, Manicken Vs.Mamanathan Chettiar & others, AIR 1949......of in terms of the compromise which will form part of the order of this Court. There will be no order as to posts. This Case is also Reported in: 1 BLD (HCD) (1981) 80. ......ds as:- "Where it is proved to the satisfaction of the Court that a suit has been adjusted wholly or in part by any lawful agreement or compromise, or where the defendant satisfies the plaintiff in respect of the whole or any part of the subject matter of the suit, the Court shall ord..Category: Civil Law | Date: 5 Apr, 1979 | Hits: 1
Sukhendu Bikssh De & another Vs. Nurul Islam & others, 1978, 7 CLC
.... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ...... dismissed. Plaintiff’s right of redemption was extinguished long ago when the mortgaged property was sold in execution of a rent decree The mortgagor defaulted to pay the arrear rent and the mortgagee was not under any obligation either in law or in contract to pay the arrear rent f...... of the above, the appeal is dismissed with costs. Leave prayed for under clause 15 of the Letters Patent is refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 71 ......o pay the arrear rent for which the land was sold out in the execution of a rent decree and the right of redemption of the mortgagor was extinguished…….(10) In the present case the plaintiff's equity of redemption was extinguished for his own default to pay arrear rent and the..Category: Property Law | Date: 14 Jul, 1978 | Hits: 11
Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
....d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ...... ......d Munsif is directed to proceed with the partition suit according to law. Send down the records expeditiously. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 424. ......ash;For the Petitioner. M. A. Sattar—For Opposite Party. Civil Revision No.1007 of 1974. Order Ranadhir Sen J.-This Rule at the instance of one of the heirs of the deceased plaintiffs is directed against an order of the learned Munsif refusing, to make the preliminary decr..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......man J
Abdul Majid Howladar…………….Defendant-Appellant
Vs.
Hakimonnessa Bibi wife of Mvi. Azaharuddin Ahamed being dead some of her heirs, Azaharuddin Ahmed and others………………Plaintiff-Respondents
Judgment
J......n view of the above, the appeal is dismissed with costs.
Prayer for leave under Clause 15 of the Letters Patent is refused.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 217
......ts 1(1) to 1(4) and 1(8)
Appeal from appellate decree No. 334 of 1964
Judgment
M.H. Rahman J. - In this appeal defendant No. 1 calls in question a judgment of affirmance decreeing the plaintiff's suit for partition in preliminary form.
2. The plaintiff claimed partition or s..
Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
....Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ...... This Case is also Reported in: 31 DLR (HCD) (1979) 421 ......Code of Civil Procedure. The result, therefore, is that the Rules are discharged without any order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 421 ...... made applicable, in all proceedings in any Court of civil jurisdiction. Rule, 10, Order 1 reads as follows:- “Where a suit has been instituted in the name of the wrong person as plaintiff or where it is doubtful whether it has been instituted in the name of the right plaintiff,..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ....... This Case is also Reported in: 30 DLR (HCD) (1978) 240. ......o the lower appellate Court for rehearing of the appeal in accordance with law. There will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 240. ...... Abdur Rashid for B.B. Roy Chowdhury—For the Appellants. B.N. Chowdhury—For the Respondents. Appeal from Appellate Decree No. 539 of 1965. Judgment M.H. Rahman J.- The plaintiffs appellant's case, in brief, is that Sarada Prosad Roy, Jnanada Prosad Roy, Promoda Pr..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
....missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ......missed as not maintainable. In the facts and circumstances of the case, however, there will be no order as to costs. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)180. ...... of the rights of the parties and the same has not been expressly included in the category of decree as in the case of the rejection of the plaint But merely because decree has been drawn up the plaintiff will have no right to appeal. Right to appeal is a creation of statute. In order to have a..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
....made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
......Chowdhury J.-This rule is directed against an order passed by the learned Munsif allowing opposite parties Nos. 6 to 11 to be added as defendants in this suit.
I have heard the learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the......made absolute but in the facts and circumstances of the case, there will be no order as to costs. Communicate the order at once.
Ed.
This Case is also Reported in: 31 DLR (HCD) (1979) 107
...... learned Advocates and perused the impugned order, the petition and the counter affidavit on record. The records of the case were not called for.
2. Short facts leading to this rule are that the plaintiff petitioner instituted a suit for declaration that the suit property was not enemy property..
Category: Property Law, Trust/Waqf Law | Date: 14 Apr, 1978 | Hits: 3
Badrunnessa Vs. Vice-Chancellor, Uni¬versity of Dacca and others, 1978, 7 CLC (HCD)
....ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ......Jurisdiction) Present: S. M. Mohsen Ali J A. T. M. Afzal J Badrunnessa..........................................Petitioner Vs. Vice-Chancellor, University of Dacca and others....................Respondents Judgment April 13, 1978. Result: The R......ience Department. In the result, this Rule is discharged without any order as to costs. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 268. ...... colleges.” 12. This decision was followed subsequently by the Court of Appeal in the case of Thorne Vs. University of London, (1966) 2 All F.R. 338. In that case Dr. Carl-Theo Thorne, the plaintiff, brought an action for negligently misjudging his examination papers for the Intermediate ..Category: Corporate Law | Date: 13 Apr, 1978 | Hits: 3
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
.... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ...... High Court Division (Civil Revisional Jurisdiction) Present: Abdur Rahman Chowdhury J Haji Nurul Islam.........................................Petitioner Vs. Ashraf Ali and others..................................Opposite Party Judgment April 7, 1978. R...... the Code of Civil Procedure. The Rule is accordingly made absolute with costs. Communicate the order at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 215. ......No.1444 of 1977. Judgment Abdur Rahman Chowdhury J.-This Rule arises out of an order passed by the learned Munsif, 1st Court, Sadar, Chittagong, allowing amendment of the plaint, impleading plaintiff No. 3 as co-plaintiff in the suit and rejecting the application under Order 7 rule 11..Category: Procedural Law, Property Law | Date: 7 Apr, 1978 | Hits: 1
Dr. Jamiar Rahman Asia Bibi Vs. Tajuddin Sikder and ors, 1978, 7 CLC (HCD)
....r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ...... Court High Court Division (Civil Appellate Jurisdiction) Present: M. H. Rahman J Dr. Jamiar Rahman Asia Bibi..........................Appellant Vs. Tajuddin Sikder and others............................Respondents Judgment March 22, 1978. Result: ......r of law in the decision of the learned Additional District Judge. Accordingly, the appeal is dismissed with costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 259. ......Court, Bakerganj, in Title Appeal No. 297 of 1963 allowing the appeal and reversing the judgment and decree of Mr. A. M. Khan, Munsif, 3rd Court, Patuakhali in Title Suit No. 299 of 1962. 2. The plaintiff-respondent filed a suit for declaration of his title in the suit land and confirmation of ..Category: Property Law | Date: 22 Mar, 1978 | Hits: 2
Osman Ali Talukder Vs. Sukumar Majumder, 1978, 7 CLC (HCD)
....ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ...... Result: The appeal is allowed. Cases Referred To- Kumir Mondal Vs. Pramatha Nath Chowdhury (1962), 14 DLR 801; Alimuddin Munshi Vs. Mainuddin Talukdar (1962) 14 DLR 725; Kumir Mondal and ors Vs. Pramatha Nath Chowdhury and ors (1962) 14 DLR 801; 17 DLR (SC) at 392; Aminuddin Biswas ......ubordinate Judge is set aside and that of learned Munsif is restored. There will, however, be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 250. ......fendant No. 1, is directed against the decision of the Subordinate Judge, Bogra, in Title Appeal No.36 of 1963 reversing that of the Munsif, 3rd Court, Bogra in Title Suit No.183 of 1961. 2. The plaintiff-respondents filed a suit for declaration of title and recovery of khas possession in the s..Category: Property Law | Date: 21 Mar, 1978 | Hits: 3
Ananda Chandra Mitra Vs. Abdur Rahman Howladar, 1978, 7 CLC (HCD)
....the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ...... Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......the appeal is dismissed. As there is no appearance on behalf of the respondents there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 311. ......ers Involved: M. A. Khakd—For the Appellant. No one—For the Respondent. Appeal from Appellate Decree No. 375 of 1965. Judgment M.H. Rahman J.-This appeal, by the plaintiffs, is directed against the decision of the learned Subordinate Judge, 1st Court, Faridpur i..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......sion (Civil Appellate Jurisdiction) Present: K.M. Subhan J Abdul Momith Chowdhury J Shnmsul Huda....................................Appellant Vs. Jalaluddin Ahmed and others...Defendants-Respondents Judgment February 17, 1978. Result: The appe......mmence the trial of the suit within four weeks from the filing of the written statement. Abdul Momith Chowdhury J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 5 ......;& T. Rahman— For the Respondents. Appeal from original Decree No. 5 of 1978. with Civil Rule No. 122 (f) of 1978. Judgment K.M. Subhan J.- This appeal by the plaintiff-appellant is from the judgment and decree passed on 24-12-77 by the learned Subordinate Ju..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......ction) Present: Abdur Rahman Chowdhury J Abdul Motleb Khan & others………………………...Appellants Vs. Daud Ali Khan and others…………………………Respondent...... The application for review is accordingly rejected and the prayer for leave under Clause 15 is also hereby refused. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 110 ......onsistent or contradictory decisions. Another test is whether the suit out of which the appeal arose could be adjudicated in the absence of the deceased persons, if he had not been joined either as a plaintiff or as a defendant in the suit. Lawyers Involved: S.S.Halder—For the Appell..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Mr. Kalioiuddin Ahmed Vs. Federation of Pakistan and others, 1978, 7 CLC (HCD)
..... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ...... Civil Appellate Jurisdiction) Present: Shatiabuddln Ahmed J M.H. Rahman J Mr. Kalimuddin Ahmed.............................Appellant Vs. Federation of Pakistan and others..............Respondent Judgment January 31, 1978. Result: These appe....... There will be no order as to costs in these appeals. Shahabuddin Ahmed J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 146. ......gether, along with another Money salt from which no appeal has been filed, and disposed of by one Judgment. The two appeals have been heard together and will be governed by this judgment. 2. The plaintiff appellant in F.A. 90 of 1962, Shafiuddin Khan, filed Money Salt Bo. 8 of 1958 claiming Rs...Category: Administrative Law | Date: 31 Jan, 1978 | Hits: 2
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