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Borun Khatun and others Vs. Md. Hebaj Uddin Pramanik and another, 2014, 43 DLR (HCD)
....lant-Opposite Parties Civil Revision No. 4480 of 2009. Judgment Sharif Uddin Chaklader J.- This Rule, at the instance of defendant-respondent-petitioners, directed against judgment and decree dated 27-8-2009 passed by the learned Additional District Judge, 1th Court, Pabna allowing Ot......on of the suit land till disposal of the appeal. Send down the lower Court records. Communicate this judgment at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 58. ..Category: Property Law | Date: 6 Apr, 2014 | Hits: 9
Bibi Joynab Begum Chowdhury and others Vs. Osi Mia alias Osi Mia Sawdagar, 2014, 43 CLC (AD)
....ave to appeal is directed against the judgment and order dated 16-11-2009 passed by the High Court Division in Civil Revision No.3514 of 1998 disposing of the Rule and modifying the judgment and decree dated 30-6-1998 passed by the then learned Subordinate Judge, Third Court, Chittagong and dis......nd fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 190. ..Category: Property Law | Date: 19 Mar, 2014 | Hits: 15
Moklesur Rahman (Md.) and another Vs. Government of Bangladesh and others, 2014, CLC (AD)
....firming the auction sale. In the writ petition, it was stated, inter alia, that respondent No.4, Janata Bank Limited, Armanitotalla Branch, Dhaka as the plaintiff (hereinafter referred to as the decree-holder-Bank) filed Artha Rin Suit No.304 of 2003 in the Court of Artha Rin Adalat No.1, Dhaka......hereinbefore. The Artha Rin execution case in question (No.560 of 2004) shall stand satisfied accordingly. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 207. ..Category: Others | Date: 24 Feb, 2014 | Hits: 15
Category: Civil Law, Others | Date: 17 Feb, 2014 | Hits: 9
S.N. Kabir Vs. Fatema Begum and others, 2014, 43 CLC (AD)
.... the judgment and order dated 26-4-2010 passed by the High Court Division in First Appeal No.322 of 2003 heard analogously with FA No.343 of 2003 dismissing the appeals and affirming the judgment and decree dated 5-8-2003 passed by the learned Joint District Judge, Second Court, Dhaka In Title Suit ......, we do not find any substance in these civil petitions for leave to appeal. Accordingly, both the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 193. ..Category: Property Law | Date: 16 Feb, 2014 | Hits: 19
Delipjan being dead her heirs: Fazal Haque and other Vs. Shahed Badsha and others, 2014, 43 CLC (AD)
.... defendants-appellants arises out of the judgment and order dated 20-8-2006 passed by the High Court Division in Civil Revision No.1104 of 1993 making the Rule absolute and reversing the judgment and decree dated 18-3-1993 passed by the learned Additional District Judge, Eighth Court, Dhaka in Title......s allowed and the impugned judgment delivered by the High Court Division is set-aside without any order as to costs. Ed. This Case is also Reported in: 65 DLR (AD) (2013) 176. ..Category: Civil Law | Date: 11 Feb, 2014 | Hits: 5
Loreeto Vs. Nasreen Sobhan and another, 2014, 43 CLC (AD)
....ions as to whether this Division has committed any error apparent on the face of the judgment in CP No. 1075 of 2003 in maintaining the judgment of the High Court Division which has affirmed the decree for compensation at the rate of Taka 5,000 per day from the date of termination of the t......he decree are hereby expunged. The appeal is disposed of with the above expunction without, however, any order as to costs. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 111. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 14
Selim Hossain (Md.) Vs. Shahabuddin Ahmed and others, 2014, 43 CLC (AD)
....t, jurisdiction cannot be conferred to a Court it is found that the Court which heard or disposed of the suit or the case had no jurisdiction to hear such suit or case as the case may be. Because the decree or order passed by a Court without jurisdiction is a nullity and such nullity, in no way......t-petitioner without creating any hindrance or obstacle and the executing Court shall pass necessary order in that respect. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 115. ..Category: Civil Law | Date: 3 Feb, 2014 | Hits: 6
Shafique Ahmed Vs. Md. Abdul Latif Bhuiyan, 2014, 43 CLC (HCD)
.... The learned Judge of that Court was conscious of the valuation of the suit and accordingly he dealt with the matter as a Title Suit and not as a Small Cause Court suit. As a natural corollary to the decree of the Title Suit, the defendant-appellant-petitioner rightly preferred a Title Appeal b...... judgment and in accordance with law. Let the lower Court records along with a copy of this judgment be sent down at once. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 248. ..Category: Civil Law, Others | Date: 30 Jan, 2014 | Hits: 4
Lakshmi Bala Sen and others Vs. Tarun Tapan Dutta @ Tapan Kumar Dutta and others, 2014, 43 CLC (AD)
....enior Advocate, instructed by Md. Nawab Ali, Advocate-on-Record—For Respondent No.1. None represented—Respondent Nos.2-7. Civil Appeal No.21 of 2003. (From the judgment and decree dated 23-7-2001 passed by the High Court Division in Civil Revision No.4621 of 1998). Ju......he matter, we do not find any substance in this appeal. Accordingly, the appeal is dismissed without any order as to costs. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 162. ..Category: Tenancy Law | Date: 30 Jan, 2014 | Hits: 15
BRAC Bank Ltd Vs. Multimode Ltd, 2013, 42 CLC (HCD)
....ib, Advocates—For the Respondent First Appeal No. 62 of 2012 Judgment Sharif Uddin Chaklader J.—This appeal, at the instance of the defendant, directed against judgment and decree dated 25-9-2011 passed by the learned Joint District Judge, 1st Court, Dhaka decreeing Title ......e result, this appeal is dismissed. No costs. Connected Civil Rule No. 395(f) of 2012 is accordingly discharged. Ed. This Case is also Reported in: 68 DLR (HCD) (2016) 48 ..Category: Contract Law | Date: 12 Dec, 2013 | Hits: 0
Abdul Momen Bhuiyan and others Vs. District Judge, Dhaka and others, 2013, 42 CLC (AD)
....n amount of Taka 16, 57,483.12 as on 31-10-2000. The learned District Judge, Dhaka after hearing ex parte by his order dated 25-6-2003 allowed the miscellaneous case. After that, the HBFC as the decree-holder, put the decree in execution and accordingly, auction was held on 25-5-2010 and t......he auction sale shall be deemed to have become absolute. The impugned judgment delivered by the High Court Division is set-aside. Ed. This Case is also Reported in: 19 BLC (AD) (2013) 98. ..Category: Civil Law | Date: 17 Nov, 2013 | Hits: 17
Zakir Hossain and another Vs. Md. Shahnewaz and others, 2013, 42 CLC (AD)
....ip;……………….Respondents Judgment October 10, 2013. Result: The petition for leave to appeal is dismissed. An appeal from a preliminary decree is not incompetent even if a final decree is made before the appeal is presented. Nor is it n......s and facts do not warrant interference by this Division. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 98. ..Category: Procedural Law | Date: 10 Oct, 2013 | Hits: 12
Ali Amjad Khan (Md.) Vs. Md. Habibullah Dawn & others, 2013, 42 CLC (AD)
....rned Joint District Judge, Sixth Court, Dhaka allowing Miscellaneous Case No.19 of 2011 arising out of Title Suit No.103 of 2004 renumbered as Title Suit No.2725 of 2008 and directing the petitioner (decree-holder) to hand over the possession of the suit land to respondent No.1 immediately. 2. ......iation of law and fact do not call for interference. Accordingly, this civil petition for leave to appeal is dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 28. ..Category: Civil Law | Date: 10 Oct, 2013 | Hits: 33
Bakhrabad Gas System Limited Vs. Al Masud-ar-Noor and others, 2013, 42 CLC (AD)
....appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ......appointed after the coming into effect or force of the same. With the above observations, the petitions are dismissed. Ed. This Case is also Reported in: 66 DLR (AD) (2014) 187. ..Category: Employment/Service Law | Date: 26 Sep, 2013 | Hits: 12
Government of Bangladesh Vs. Md. Abdul Maleque Miah and 7 anothers, 2013, 42 CLC (AD)
....nal shall, for the purpose of execution of its decisions and orders follow, as far as practicable, the provisions of the Code of Civil Procedure, 1908 (V of 1908), relating to the execution of a decree." 15. It is also pertinent to quote section 10A of the Administrative Tribunals Act......allowed and the impugned judgment and order is set aside with the observations made in the body of the judgment. Ed. This Case is also Reported in: 20 BLC (AD) (2015) 167 ..Category: Administrative Law, Constitutional Law | Date: 17 Sep, 2013 | Hits: 3
Syed Raihan Hasan Ali Chowdhury Vs. Syed Hamde Ali Chow¬dhury and others, 2013, 42 CLC (HCD)
....ndent No. 1. First Appeal No.321 of 2011 with Civil Rule No. 905(f) of 2011. Judgment Sharif Uddin Chaklader J.- This appeal at the instance of plaintiff, directed against judgment and decree dated 21-8-201 1 passed by the learned Joint District Judge, I" Court, Bogra rejected th......Civil Rule No.905(f) of 2011 is disposed of. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 66 DLR (HCD) (2014) 5. ..Category: Trust/Waqf Law | Date: 29 Jul, 2013 | Hits: 5
Zahir Fakir (Md.) and oth¬ers Vs. Hahma Khatun and others, 2013, 42 CLC (HCD)
....l up the lacuna. It is not the duty of the appellate court to give an opportunity to the erring party to fill up the lacuna in pleadings and evidence on this count also the impugned judgment and decree of the Appellate Court suffers from serious miscarriage of justice which has resulted an erro......urts records along with a copy of this judgment to the concern Court forthwith for information and necessary action. Ed. This Case is also Reported in: 67 DLR (HCD) (2015) 240 ..Category: Property Law | Date: 25 Jul, 2013 | Hits: 6
Category: Banking Law | Date: 24 Jul, 2013 | Hits: 10
Afazuddin Fakir (Md.) Vs. MH Rahman and others, 2013, 42 CLC (HCD)
....of the plaint as contemplated under Order VII, rule 11 of the said Code, because it is a miscellaneous proceeding but not a suit. In the aforesaid miscellaneous proceeding the Court will not draw any decree which contemplated in subsection (2) of Section 2 of the said Code, hence, the Court bel......d with the Miscellaneous Case in accordance with law. Send down the lower Court records with copy of this judgment at once. Ed. This Case is also Reported in: 65 DLR (HCD) (2013) 581 ..Category: Property Law | Date: 17 Jun, 2013 | Hits: 4