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Shahinur Begum Vs. Md. Minarul Islam Mondol @ Miton, 1997, 26 CLC (HCD)
....reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......ment June 9, 1997. Result: The Rule is made absolute. Enhancement or reduction of dower Dower fixed on the basis of Kabinnama between the parties cannot either be enhanced or reduced and oral evidence cannot be accepted to reduce the amount. Only wife can remit the dower or part the......reed. The order of stay granted earlier is hereby vacated. No order as to costs. Send down the records of the Courts below at once. Ed. This Case is also Reported in:49 DLR (HCD) (1997) 567. ......minuddin Advocate with Md. Sagir Anwar, Advocates ‑ For the Opposite Party. Civil Revision No.2064 of 1996. Judgment Abu Sayeed Ahammed J.- This revision is directed at the instance of the plaintiff who is wife Shahinur Begum, against the husband Md. Minarul Islam alias Miton. 2. The p..Category: Family Law | Date: | Hits: 122
Rakibuddin Talukder Vs. Government of Bangladesh and others, 2009, 38 CLC (HCD)
..... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......preme Court High Court Division (Civil Revisional Jurisdiction) Present: Syed Md. Ziaul Karim J Rakibuddin Talukder......................Petitioner Vs. Government of Bangladesh and others.......................Opposite Parties Judgment January 27, 2009. Result: The....... Office is directed to send down the records of this case at once with a copy of Judgment for information and necessary action. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 430. ......sing those of dated 11-03-1984 passed by the learned Munsif, Sirajganj, Decreeing the Other Class Suit No.259 of 1980. 2. Short facts leading to this Rule are that on 04-07-1980, the petitioner as plaintiff instituted Other Class Suit No.259 of 1980 in the Court of Munsif, Sirajganj, pleading opp..Category: Property Law | Date: | Hits: 76
Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)
.... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......r at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ...... possible not later than 6 (six) months from the date of received of the Judgment without fail. Communicate this Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 353. ......d by the Senior Assistant Judge, 6th Court Dhaka in Title Suit No.17 of 2006 in rejecting the application for rejection of plaint. 3. The predecessor in interest of the present opposite parties as plaintiffs instituted Title Suit No.7 of 1956 for partition which was subsequently renumbered as Tit..Category: Procedural Law | Date: | Hits: 94
Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)
....ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......enior Advocate, instructed by Nazrul Islam Bhtiiyan, Advocate-on-Record—For Respondent Nos. 1(a)-1(e). Not represented—Respondent Nos.2-7. Civil Appeal No.280 of 2010. (From the judgment and decree dated 14th day of October, 2009 passed by the High Court Division in Civil Revision No.39......ined in Title Suit No.464 of 1985 was a nullity and consequently, the impugned judgment is set-aside without any order as to costs. Ed. This Case is also Reported in: 18 BLC (AD) (2013) 1. ......d 14-10-2009 passed by the High Court Division in Civil Revision No.3994 of 2007 discharging the Rule. 2. The facts, leading to this appeal, are precised below:— The respondents herein as the plaintiffs filed Title Suit No.228 of 1979 in the First Court of the then Sub-ordinate Judge, Dhaka,..Category: Property Law | Date: | Hits: 104
Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)
....ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ......y Judgment November 1, 2009. Result: The rule is made absolute. No appeal lies from any order or decree passed in any suit instituted under section 9 of the Specific Relief Act, 1877 and the only remedy lies against such decree/order is the revisional jurisdiction of the High Court ......ntained. The order of injunction at the time of issuance of the rule is hereby vacated. Send down the L.C. Records immediately. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 486. ...... Rahman with Md. Monzur Alam Khan - For the petitioner. No one appears - For the Opposite Party. Civil Revision No.363 of 2006. Judgment Faruque Ahmed J.- This rule at the instance of the plaintiff petitioner was issued calling upon the opposite party to show cause as to why the impugned..Category: Civil Law | Date: | Hits: 114
....ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......own the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......ined.
The order of stay granted at the time of issuance of the rule is hereby vacated.
Send down the L.C. Records immediately.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 444.
......Petitioners.
Md. Haroon-Ar-Rashid with Md. Enamul Hoque - For the Opposite Parties.
Civil Revision No.4849 of 1998.
Judgment
Faruque Ahmed J.- This rule at the instance of the plaintiff petitioners was issued calling upon the opposite parties No.1-2 to show cause as to why th..
Category: Civil Law | Date: | Hits: 103
Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)
....rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ...... records. Ed. This Case is also Reported in: ......rt considers that further evidence is required to be adduced, it is at liberty to give the parties such opportunity. Send down the lower Court’s records. Ed. This Case is also Reported in: ......ubarak Hossain, Advocates-For the petitioner. Feroz Alam, Advocate-For the opposite parties. Civil Revision No.2406 of 2008 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-respondent was issued to examine the legality of judgment and decree dated 1.4.2008 (decre..Category: Civil Law | Date: | Hits: 73
Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)
....act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ...... Judgment April 19, 2007. Result: The Rule is made absolute. Doctrine of res judicata Doctrine of res judicata has received a statutory sanction in The Code as a matter of prudence and to give due weightage to a finding or decision so as to reach finality in the matter of a disput......act and circumstances of the case, I direct the parties to bear their respective costs. Lower Courts Records are sent down at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 30. ......isite fact forming backdrop of Civil Revision case will be instructive in resolving war of words and those are succinctly put down hereunder: a. Predecessor of defendant-petitioner Abdur Razzak as plaintiff laid a suit being Title Suit No.136 of 1959 in the First Court of Munsif at Comilla seek..Category: Property Law | Date: | Hits: 69
Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)
....e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ....... Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedure calling in question the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an applicat......e interim order of stay granted earlier is vacated. The trial Court is directed to dispose of the suit expeditiously. Communicate a copy of the judgment. Ed. This Case is also Reported in: ......: The Rule is discharged. Lawyers Involved: No one appears for either of the parties. Civil Revision No. 3996 of 1996 Judgment Md. Ruhul Quddus J. - This Rule at the instance of the plaintiff-petitioner was issued on an application under section 115(1) of the Code of Civil Procedur..Category: Procedural Law | Date: | Hits: 105
....nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......e is also Reported in: 50 DLR (HCD) (1998) 597.
......nd the publication of the newspaper the daily Ittefaq the parties in litigation may act in pursuance to resolution dated 30‑9‑90.
Ed.
This Case is also Reported in: 50 DLR (HCD) (1998) 597.
......ge by the said order rejected the appellants' prayer for injunction under Order 39 rules 1 and 2 of the Code of Civil Procedure.
2. The short fact leading to this appeal is that, the appellants as plaintiffs instituted Title Suit No.29 of 1997 before the learned Subordinate Judge, 1st Court, Dhak..
Category: Company Law | Date: | Hits: 127
Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)
....n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ...... This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......n for leave to proceed with the suit after amendment of the plaint is allowed. The order of abatement of the suit is also set aside. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 217. ......Dass Vs. Som Dass, AIR 1975 SC 2159. Lawyers Involved: Saifur Reza, Advocate — For the Appellant. Appeal from Original Order No. 74 of 2005. Judgment SK Sinha J. - In this appeal the plaintiff challenged an order of the learned Joint District Judge, 1st Court, Mymensingh refusing to..Category: Civil Law | Date: | Hits: 104
Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)
....it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......urt High Court Division (Civil Appellate Jurisdiction) Present: SK Sinha J Md. Ashfaqul Islam J Agrani Bank……………………Plaintiff-Appellant Vs. Orbit Enterprise Ltd and another………………………Defendants-Respondents Judgment January 20, 2009. Res......it at the rate of 15% per annum till realization. Send down the LC record at once. Communicate this order at once. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 710. ......lam, Advocates — For the Appellant. None Appears — For the Respondents. Appeal from Original Decree No. 59 of 1991. Judgment Md. Ashfaqul Islam J. - This appeal at the instance of the plaintiff Agrani Bank is directed against the judgment and decree dated 6-11-90 and 12-11-90 respect..Category: Civil Law | Date: | Hits: 95
Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)
....cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ...... Supreme Court High Court Division (Civil Revisional Jurisdiction) Present: Sharif Uddin Chaklader J Rezia Sultan & another………………Petitioners Vs. Md. Haroon Malik and another…………………Opposite Parties Judgment March 31, 2011. Result: The ru......cellaneous case No.192 of 1980 are set aside. Send down the lower Court records at once. Communicate this order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 347. ......rs Involved: Fida M Kamal, Advocate - For Petitioners. No one appears - For Opposite Parties. Civil Revision No.156 of 1987. Judgment Sharif Uddin Chaklader J.- This Rule by the plaintiffs directed against Order dated 19-2-1987 passed by the learned Additional District Judge, 3..Category: Civil Law | Date: | Hits: 94
Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)
....t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......FM Abdur Rahman J.- This Rule under Section 115(1) of the Code of Civil Procedure 1908, dated 09.7.2005, issued at the instance of the Defendant-Respondent-Petitioner is directed against the judgment and decree dated 13.06.2005 (decree singed on 19.06.2005), passed by the learned Additional District......t Judge, 1st Court, Tangail, is hereby set aside and that of the trial Court is restored. Let the LC records be sent down at once. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 295. ......in C.S. Plot No.171 area 0.52 acres and C.S. Plot No.303 having an area 0.27 acres at a total of 0.79 acres were the Ejmali property of both the brothers Mokdom Ali Sheik and Jumu Sheik for which the plaintiffs being entitled to 0.41 acres of land prayed for separate Sahara as the Defendant-Responde..Category: Property Law | Date: | Hits: 83
Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)
....ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......l Appellate Jurisdiction) Present: Syed Md. Ziaul Karim J Md. Nuruzzaman J Dutex Enterprise Co. Ltd…………………………………………………Appellant Vs. RMS Textile and Apparels Ltd. and others……………..Respondents Judgment July 7, 2010. Result: ......ssible, preferably within six months from the date of receipt of this order. Office is directed to communicate the order at once. Ed. This Case is also Reported in: 17 MLR (HCD) (2012) 393. ......ndant Nos.8 and 9 to maintain status-quo in respect of payment under letter of credit as described in Schedule -'B' of plaint in Title Suit No.399 of 2004. 2. Material facts are that on 21-11-2004 plaintiff instituted Title Suit No.399 of 2004 in the first Court of Joint District Judge, Dhaka, ag..Category: Business or Commercial Law | Date: | Hits: 365
....tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......igh Court Division
(Civil)
Present:
Sheikh Abdul Awal J
Md. Munsur Ali & others……………………..Petitioner
Vs.
Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others…………………..Opposite Parties
Judgment
August 5, 2009.
Result:
The ......tay granted earlier by this Court stands vacated.
Let a copy of this judgment along with lower Courts record be sent down at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 363.
......sistant Judge, Gomestapur, Nawabgonj in other Class Suit No.38 of 1987 decreeing the suit should not be set aside.
2. The brief facts relevant for disposal of this Rule are that the petitioners as plaintiffs instituted Other Class Suit No.38 of 1987 in the Court of Assistant Judge, Gomestapur, Na..
Category: Property Law | Date: | Hits: 66
....ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......BLD (HCD) (2010) 359.
......ischarged without any order as to cost.
The order of stay stands vacated.
Communicate the judgment to respondent No.2 at once.
Ed.
This Case is also Reported in: 30 BLD (HCD) (2010) 359.
......not be declared to have been passed without lawful authority and is of no legal effect.
2. The facts necessary for the disposal of the rule are as follows:
3. The respondent No.3 Agrani Bank as plaintiff filed Title Suit No.153 of 1996 in the Court of Sub-Judge and Artha Rin Adalat, First Cour..
Category: Civil Law | Date: | Hits: 85
Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)
....is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......ion (Civil Jurisdiction) Present: Syed Amirul Islam J Sheikh Abdul J Pubali Bank Ltd……………………………………………………….Appellant Vs. Contech Ltd. and others………………………………………..Respondents Judgment July 9, 2005. ......is directed to dispose of the suit within 3(three) months from the date of receipt of this order in the interest of all the parties. Ed. This Case is also Reported in: 27 BLD (HCD) (2007) 133. ......ous Appeal No.81 of 2005 F.M.A.T. No.70 of 2005. Judgment Syed Amirul Islam J.-This Miscellaneous Appeal is taken up for hearing along with an application for vacating the stay filed by the plaintiff-respondents (hereinafter called ‘the respondents'). This miscellaneous appeal is directe..Category: Civil Law | Date: | Hits: 87
Alam Taj Begum @ Monowar Begum & others Vs. Nimai Chandra Roy, 2009, 38 CLC (HCD)
....ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ...... (2009) 764. ......ntained. The order of stay granted at the time of issuance of the Rule is hereby vacated. Send down the LC Records immediately. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 764. ......5 of 1998 should not be set aside and or pass such other or further order or others as to this Court may seem fit and proper. 2. Short facts of the case are as follows: The opposite party No. 1 as plaintiff instituted Title Suit No. 115/98 before the Court of Senior Assistant Judge, Borguna Sadar..Category: Procedural Law | Date: | Hits: 69
Abdul Quddus Vs. Mobarak Hossain, 1996, 25 CLC (HCD)
.... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......e is discharged. The Code of Civil Procedure, 1908 (Act No. V of 1908); section 151 The discretion under section 151 of the Code of Civil Procedure, 1908 can be exercise for the ends of justice and when there is a mistake of the Court………………………..(9, 11 & 12) Cases Refer...... therefore, discharged. The order of stay granted earlier by this Court on 7‑4‑96 is also hereby vacated. No order as to costs. Ed. This Case is also Reported in:48 DLR (HCD) (1996) 572. ......er Class Suit 22 of 1987 in the Court of Munsif, Shahzadpur, Serajganj for permanent injunction on the averments that Dilruba Cinema Hall is located at Shahzadpur town on the paternal property of the plaintiff. His only sister having delegated authority to the plaintiff he has been possessing the su..Category: Procedural Law | Date: | Hits: 82
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