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Zauz Ali Molla Vs. Fatema Bibi and others, 1978, 7 CLC (HCD)
.... 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 decree final on the ground that the application was made after a long lapse of 43 years. The learned......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. ..Category: Property Law | Date: 20 Jun, 1978 | Hits: 3
....rs Involved:
Miah Abdul Gafur- For the For Appellant
Moksudur Rahman-For Respondents 2 and 3,
Nizamuddin Haider- For Respondents 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 q......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
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Category: Property Law | Date: 14 Jun, 1978 | Hits: 2
Monoruddin @ Mona & another Vs. The State, 1978, 7 CLC (HCD)
.... the prosecution, it must be proved with reasonable certainty and If such fact can only be established by proof of some subordinate facts, each of those subordinate facts must be proved with the same decree of the certainty as in required for the proof of the main fact. The omission to prove the nec......lants and direct them to be set at liberty forthwith if not required in connection with any other case. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 282. ..Category: Criminal Law, Procedural Law | Date: 13 Jun, 1978 | Hits: 1
Abu Daud and others Vs. Sailuddin Sardar & others, 1978, 7 CLC (HCD)
.... such entry relates or in respect of which such omission was made. (2) An application filed under subsection (1) shall be deemed to be a plaint and order passed thereon shall have the force of a decree under the Code of Civil Procedure, 1908. (3) An application filed under subsection (1) s......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 ..Category: Property Law | Date: 2 May, 1978 | Hits: 1
Jagar Chandra Das & ors Vs. Dherendra Mohan Pramanik, 1978, 7 CLC (HCD)
....as compromised and the defendant obtained B.S plot No. 447. He denied that there was any absolute gift in favour of Sankar Roy who was in Calcutta from long before 1353 B.S. 3. The suit was once decreed and, on appeal, the learned Subordinate Judge, after holding that an absolute right had been......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. ..Category: Procedural Law | Date: 21 Apr, 1978 | Hits: 1
Monlndra Nath Chowdhury Vs. Rahmat Ali Galdar & others, 1978, 7 CLC (HCD)
.... April 17, 1978 Result: The Appeal dismissed Whether dismissal of a suit amounts as a rejection of the plaint- the order of dismissal under section 8B (3) Court Fees Act is not a decree and as such no appeal lies from that order. Dismissal under section 8B (3) of ......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. ..Category: Civil Law, Procedural Law | Date: 17 Apr, 1978 | Hits: 1
Haji Nurul Islam Vs. Ashraf Ali and others, 1978, 7 CLC (HCD)
....for certain reasons, and they had disclaimed all their right, title and interest in the suit property by executing a registered Muktinama dated 13-4-76 which was subsequently affirmed by a compromise decree between the real owner Mariam Khatun and the plaintiffs in Title Suit No. 117 of 1975 wherein...... 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. ..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)
....ndant No. 1, is directed against the decision of Mr. Anwar Hossain, Additional District Judge, 3rd 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 p......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. ..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. ......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. ..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. ......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. ..Category: Civil Law, Evidence Law | Date: 15 Mar, 1978 | Hits: 1
Shnmsul Huda Vs. Jalaluddin Ahmed and others, 1978, 7 CLC (HCD)
....nts. 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 Judge 3rd Court, Dacca in Title Suit No. 209 of......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 ..Category: Company Law | Date: 17 Feb, 1978 | Hits: 8
Abdul Motleb Khan & others Vs. Daud Ali Khan and others, 1978, 7 CLC (HCD)
.... of the plaintiff's title as well. I have perused the judgment of the trial court as well as of the court of appeal below. It appears that the suit was tried as a partition suit and a preliminary decree was passed declaring the rights and shares of the parties in the suit. 4. The principle ...... 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 ..Category: Civil Law | Date: 9 Feb, 1978 | Hits: 1
Progati Khudra Babashayee Samabaya Samity Ltd Vs. Bangladesh, 1978, 7 CLC (HCD)
....cted by the Joint Registear by order dated 3.9.72. Respondent No. 2 then filed a civil suit challenging the award but the suit was dismissed by a Subordinate Judge end an appeal preferred against the decree of the Subordinate Judge was also dismissed by the High Court by a decree dated 27.8.76. Ther......r was passed without lawful authority and of no legal effect. There will be no order as to costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 152 ..Category: Administrative Law, Civil Law | Date: 3 Feb, 1978 | Hits: 2
Madhari Mia Vs. Surjat Ali, 1978, 7 CLC (HCD)
....howdhury, Kazi Ebadul Hoque-For Respondents Nos. 1, 2(a) 2, (c) 3-7 Appeal from Original Decree No.14 of 1976. Judgment Suahabuddin Ahmed J. –This appeal calls in question a decree dated 28.1.75 of Mr. MA Rashid. Subordinate Judge, 1st Court, Dacca dismissing the Title suit......ved in this case we do not make any order as to costs. Send down the records at once. M.H. Rahman J.-I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 84 ..Category: Civil Law, Procedural Law | Date: 20 Jan, 1978 | Hits: 1
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
....Abdur Rashid-For the Appellant. S.S. Halder, A. Y. Mashihuzzaman-For the Respondents. First appeal No. 44 of 1962. Judgment Shahabuddin Ahmed J.- This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed la T.S. No. 10 of 1969 ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law, Tenancy Law | Date: 16 Jan, 1978 | Hits: 2
Amulya Chandra Kundu Vs. Monendra Nath Biswas, 1978, 7 CLC (HCD)
.... Abdur Rashid-For the Appellant. S.S. Halder, A. Y. Mashihuzzaman-For the Respondents. First appeal No. 44 of 1962. Judgment Shahabuddin Ahmed J.-This appeal is directed against a decree of the Subordinate Judge, Second Court, Faridpur dated 31.3.61 passed in T.S. No. 10 of 1969 ...... dismissed on contest with costs and the impugned decree of learned Sub-ordinate judge is affirmed. M.B. Rahman J.-I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 74. ..Category: Property Law | Date: 16 Jan, 1978 | Hits: 2
....nd given him an opportunity to explain his conduct. As the appointing authority did not do so the impugned order of termination of service must be held to have been passed illegally. We set aside the decree passed by the trial Court and upheld by the appellate Court. We decree the suit and declare t......tiff is still in service.
In the result, the appeal is allowed with costs.
Shahabuddin Ahmed J.- I agree.
Ed.
This Case is also Reported in: 30 DLR (HCD) (1978) 231.
..
Category: Constitutional Law, Employment/Service Law | Date: 2 Dec, 1977 | Hits: 2
.... of such person may be directed by the Central Government.
5. All enemy property vesting In the Custodian shall be exempt from attachment, seizure or sale in execution of a civil court decree or orders of any other authority."
15. The nature of the right which accrued to the......e concerned, were without lawful authority.
In the result the appeal is allowed in part without any order as to costs.
Ed.
This Case is also Reported in: 30 DLR (AD) (1978) 149.
..
Category: Property Law | Date: 29 Nov, 1977 | Hits: 112
Aftab Mia Vs. Wahab Ali and others, 1977, 6 CLC (HCD)
....s to continue until all the timber was sold, and that, therefore, the suit would not lie so long as some of the timber remained un sold. But even when a partnership is entered into for a fixed term a decree for dissolution may be passed when the mutual confidence which the partners reposed in each o......rged but in the facts and circumstances of the case, I make no order as to costs. S.A. Choudhury J. Ed. This Case is also Reported in: 31 DLR (HCD) (1979)230. ..Category: Property Law | Date: 25 Nov, 1977 | Hits: 2
Ibrahim Hossain and Delwara Begum Vs. Md. Khorshed Ali and others, 1977, 6 CLC (HCD)
....sed these Rules mainly on the ground that the orders date 25.9.75 allowing the pre-emption ex-parte passed in the proceeding under section 24 of the Non-Agricultural Tenancy Act being not a decree in suit, the application under Order 9, rule 13 C.P.C. for "setting aside ex-p...... before the Court below should be disposed of as expeditiously as possible. Let the records be sent down immediately. Ed This Case is also Reported in: 31 DLR (HCD) (1979) 407 ..Category: Property Law | Date: 17 Nov, 1977 | Hits: 2
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