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Begum Sayada Murguba Khatoon Vs. Dewan Shahifur Reza Chowdhury & another, 1977, 6 CLC (HCD)
....m)/74 and Civil Revision No. 345 of 1975. Judgment Abdur Rahman Chowdhury J. - This appeal arises out of an order of remand pasted by the learned Additional District Judge setting aside the decree passed by the learned Munsif and remanding the suit for rehearing. 2. Facts leading to t......The Court below, as prayed for by the parties. Send down the records of the S. C. C. Suit at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 179. ..Category: Procedural Law, Tenancy Law | Date: 29 Aug, 1977 | Hits: 1
Dwijendra Lal Nath Vs. Abu Zafar, 1977, 6 CLC (AD)
....shy;posal of the suit. The suit was taken up for ex parte disposal on 3.1.74 and after examination of a witness on behalf of the appellant and admitting certain documentary evidence the suit was decreed ex parte. 3. Defendant No.1 filed an appeal being Other Appeal No.53 of 1974 in the Cou......t of the Subordinate Judge restored but as there is no appearance on behalf of the Respondent there will be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 74. ..Category: Civil Law | Date: 23 Aug, 1977 | Hits: 111
Bangladesh Vs. Md. Shamsul Haque and others, 1977, 6 CLC (HCD)
....ule 22 of the Code of Civil procedure. The relevant portion of the Order 41, Rule 22(1) is as follows:- “Any respondent, though he may not have appealed from any part of the decree, may not only support the decree on any of the grounds decided against him in the Court below......he parties will bear their respective costs of the appeal and the cross-objection. S.M. Mohsen Ali J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 349. ..Category: Arbitration Law | Date: 18 Aug, 1977 | Hits: 2
Ayaz Bahdaur Khan & others Vs. Abdus Sobhan & others, 1977, 6 CLC (HCD)
....lam—For Appellant (In F.A.No.17 of 1977). Ahmed Subhan, with Ataur Rahman Khan, Fazlul Karim and Fazlul Huq—For Respondents (In both the Appeals.) Appeal from original decree Nos. 16 and 17 of 1977, with Civil Rules 1039(f) and 1040(f)of 1976. Judgment Shaha......e made absolute. The suit is dismissed on context with costs. M.H. Rahman J. - I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 15. ..Category: Contract Law, Property Law | Date: 18 Aug, 1977 | Hits: 10
Aseruddin Sk Vs. Serajuddin Talukder and others, 1977, 6 CLC (HCD)
....emptor and is used to denote a person who has got the right of pre-emption. If these-ladies, who had not the right of pre-emption by reason of their not being co-sharers in the village were granted a decree in this case, the result would be that a share of the village would pass into the hands of th......rged with costs assessed at 5 (five) gold Mohars. Send down the records at once. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 75. ..Category: Property Law | Date: 9 Aug, 1977 | Hits: 2
Akrab Ali and others Vs. Zahiruddin Kari and others, 1977, 6 CLC (AD)
....) Judgment Debesh Chandra Bhattacharya J. - This appeal by special leave is against a judgment of a Bench of the High Court Division, allowing a Second Appeal and restoring the judgment and decree of the trial Court by which a suit for declaration of title and for recovery of possessi......Division are set aside and those of the Court of Additional District Judge are restored, but there shall be no order as to costs. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 81. ..Category: Procedural Law | Date: 3 Aug, 1977 | Hits: 113
Mohd. Mazibar Rahman Mia Vs. Naresh Chandra Guha, 1977, 6 CLC (HCD)
....endra Nath in 21 DLR 331. Lawyers Involved: M.A. Rouf-For the Petitioner Khondker Mahbubuddin Ahmed with Md. Shafiqur Rahma-For the Respondent No. 1 Appeal from original decree No. 233 (Probate) of 1970 Judgment M. H. Rahman J.- This appeal is directed against......d order of the learned District Judge are confirmed. There will be no order as to costs. Shahabuddin Ahmed J. - I agree. This Case is also Reported in: 31 DLR (HCD) (1979) 213 ..Category: Property Law | Date: 29 Jul, 1977 | Hits: 2
Bangladesh Vs. Abdur Rashid & others, 1977, 6 CLC (HCD)
.... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ...... this amount till it is paid. The appeal is allowed in part without any cost. M. H. Rahman J. — I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 119. ..Category: Property Law | Date: 18 Jul, 1977 | Hits: 2
Sreemati Tripti LalaKar Vs. Govt. of the People's Republic of Bangladesh & others, 1977, 6 CLC (HCD)
....the Respondent. Appeal from Appellate Decree No. 208 of 1972. Judgment Siddlqae Ahmed Chowdhury J. - This appeal by the plaintiff Sreemati Tripti Lata Kar against the judgment and decree passed by the learned Additional District Judge, 1st Court, Sylhet in Title Appeal No.411 of ...... cost and set aside the judgment and decree passed by the Court of appeal below. S.M. Mohsen Ali J. - I agree. Ed. This Case is also Reported in: 31 DLR (HCD) (1979) 186. ..Category: Property Law | Date: 8 Jul, 1977 | Hits: 2
Ibrahim Malitha & others Vs. Izahar Ali Mir and ano¬ther, 1977, 6 CLC (HCD)
.... the defendants, plaintiffs never used the suit land as a public pathway and they acquired no right of easement over the same. 2. The learned Munsif, on consideration of the materials on record, decreed the suit granting injunction restraining the defendants from interfering with the user of th...... the statutory requirement as indicated above Considering the facts and circumstances of the case, I make no order as to costs. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 161. ..Category: Property Law | Date: 28 Jun, 1977 | Hits: 2
Adamjee Jute Mills Ltd Vs. Abdul Matin & others, 1977, 6 CLC (HCD)
....rd has been given by the Commissioner of Workmen's Compensation under the provisions of Workmen's Compensation Act. The provisions of Order 9, rule 13 are available when an ex parte decree is passed, Section 2 sub-section (2) of the Code of Civil Procedure, defines a decr......not find any substance in this appeal and it is dismissed without any order as to costs. AKM Afzal J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 303. ..Category: Civil Law, Labour and Industrial Law | Date: 22 Jun, 1977 | Hits: 1
Shamsuddin Ahmed Vs. Mohd. Hassan and others, 1977, 6 CLC (AD)
....Record - For the Respondents. S.R. Pal, Senior Advocate, instructed by Abdur Rab-II, Advocate on Record - For the Respondents. Civil Appeal No. 49 of 1977. (From the judgment and decree dated November 10, 1976 passed by the High Court Division in First Appeal No.37 of 1975.) ......rmissible under the Ordinance. For the reasons stated above, the appeal is allowed. We, however, make no order as to costs. Ed. This Case is also Reported in: 31 DLR (AD) (1979) 155. ..Category: Property Law, Tenancy Law | Date: 21 Jun, 1977 | Hits: 60
M/s. Abdur Rahman Abdul Ghani Vs. M/s. East and West Steamship Co. and another, 1977, 6 CLC (AD)
.... Respondent Nos.1 & 2. A. W. Mallik, Advocate on-record—For Respondent No.3. Ex-Parte. Respondent Nos.4 & 5. Civil Appeal No.19-D of 1968. (From the judgment and decree passed in the High Court of East Pakistan, Dacca dated 27th April, 1969. in Appeal from Appel......costs, the judgment of the High Court of East Pakistan is set aside and the judgment and decree of the Trial Court are restored. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 130. ..Category: Admiralty Law or Maritime Law | Date: 9 Jun, 1977 | Hits: 357
Abbas Sheikh & another Vs. Md. Abu Hossain Sarkar and others, 1977, 6 CLC (HCD)
....245 of 1964. Judgment S. M. Husain J.- This appeal at the instance of the defendants is directed against the judgment of the lower appellate Court affirming the judgment of the trial Court decreeing the plaintiff's suit for declaration of title and confirmation of possession of the di......ve decision of this Court on the point of law raised herein, the prayer for leave to appeal is allowed. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 407. ..Category: Limitation Law | Date: 7 Jun, 1977 | Hits: 2
Khulna Tobacco Industries Limited Vs. Chairman, Labour Court, Khulna and another
....ding under Order IX, rule 13 of the Code of Civil Procedure. A proceeding under Order IX rule 13 is an original proceeding, independent of the suit. When a suit is disposed of and decreed ex parte, it is revived only after successful termination of as application under Order IX r......re the Rule is discharged with costs. The cost is assessed at 30 (thirty) Gold Mohurs. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 331. ..Category: Labour and Industrial Law | Date: 12 Apr, 1977 | Hits: 2
M/s. Jamal Jute Baling and Co. Vs. M/s. M. Sarkies and Son, 1977, 6 CLC (AD)
....n from the award before that court. The High Court of Bangladesh on 3rd of July, 1972 dismissed the appeal taken from the execution proceeding by the appellant holding that the question whether the decree holder is a firm or a person could not be agitated in the execution proceeding, as the execu......rt of Pakistan delivered on 6th October, 1971 is valid. For the reasons, we dismiss the appeal but without any order as to costs. Ed. This Case is also Reported in: ..Category: Contract Law | Date: 21 Mar, 1977 | Hits: 320
Owner, Abul Hashem Vs. Owners, Haji Mohammad Suruj Miah and anther, 1977, 6 CLC (HCD)
....ny" and Respondent No.2 (Plaintiff No.2) New Jubilee Insurance Company Ltd. being the insurer of the said Vessel, by virtue of the letter of abandonment by the insured, instituted the suit for a decree for Rs. 73,311/- against the defendant, along with other reliefs. In the suit it was stated, ......ct the parties to bear their costs in the appeals. M.H. Rahman J.-I agree. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 149. ..Category: Admiralty Law or Maritime Law | Date: 9 Mar, 1977 | Hits: 4
Category: Fiscal/Taxation Law | Date: 4 Mar, 1977 | Hits: 173
Shafiuddin Mia Vs. State, 1976, 5 CLC (AD)
....our instance the learned Attorney-General appeared and assisted us in the disposal of the appeal. The appeal is dismissed. Ed. This Case is also Reported in: 30 DLR (AD) (1978) 127. ......g documents and registers necessary for the ascertainment of the rights of people within the meaning of the tenth clause of section 21 of the Pakistan Penal Code as rights to succession, maintenance, dower, divorce, legitimacy of children and several other rights that may flow from a valid marriage...Category: Trust/Waqf Law | Date: 6 Dec, 1976 | Hits: 147
Abdul Majid Vs. Bata Shoe Company through its Provincial Controller, 1976, 5 CLC (HCD)
..... Result: This appeal is allowed. Lawyers Involved: Md. Nurul Huda—For the Appellant A.K.M. Siddique for Hafizullah—For the Respondent. Appeal from Appellate decree No. 204 of 1963. Judgment Abdul Wadud Chowdhury J.- This second appeal arises out o......r reinstatement i.e. mandatory injunction directing the defendant to reemploy the plaintiff is refused. Ed. This Case is also Reported in: 30 DLR (HCD) (1978) 262. ..Category: Corporate Law, Employment/Service Law | Date: 28 Aug, 1976 | Hits: 3