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Dr. S.M. Eunus Ali Vs. Artha Rin Adalat and others, 2012, 41 CLC (HCD)
....as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......sdiction) Present: Nozrul Islam Chowdhury Mohammad Ullah J Dr. S.M. Eunus Ali………………………………………Petitioner (Defendant-Judgment Debtor) Vs. Artha Rin Adalat and others………………………Respondents Judgment December 3, 2012. Result: The......as to cost. The stay order stands vacated. Send copy of this judgment to the Artha Rin Adalat, 2nd Court, Jessore. Nozrul Islam Chowdhury J.-I agree. Ed. This Case is also Reported in: ......s: “Under small industrial loan BISIC on 18.5.94 by sanction letter No.94/04 the defendant received Taka 3, 92,500/- and the defendant petitioner having adjust the loan of Taka. 72,303/- but the plaintiff Bank fraudulently created over draft loan(OD) of Taka 16,55,545/- and when it was detected..Category: Civil Law | Date: | Hits: 254
Mehir Chandra Bhomick Vs. Deputy Commissioner, Brahmanbaria and others, 2007, 36 CLC (HCD)
....rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......oncerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......rlier by this Court stands vacated. Send down the lower Court records and a copy of the judgment and order to the court concerned. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 22. ......nt Judge, Sadar, Brahmanbaria in Title Suit No.94 of 1987 should not be set aside and/or such other or further order or orders passed as to this Court may seem fit and proper. 2. The petitioner as plaintiff filed Title Suit No.54 of 1989 in the Court of Senior Assistant Judge, Brahmanbaria Sadar ..Category: Property Law | Date: | Hits: 155
Gopinath Das and others Vs. Government of BanglaÂdesh & others, 2010, 39 CLC (HCD)
....of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......Case is also Reported in: 64 DLR (HCD) (2012) 167. ......of the giant design to grab, if at all, such a huge tract of land in the city centre. Communicate a copy of the Judgment at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 167. ......nd Arabinda K. Roy Assistant Attorney-General - For the Opposite Party No.1. Civil Revision No.3266 of 2008. Judgment Md. Moazzam Husain J.- This rule was issued at the instance of the plaintiffs calling in question the Judgment and order dated 11.3.2008 passed by the joint district j..Category: Property Law | Date: | Hits: 149
Sayed Hasan Imam Litu Vs. Al-Arafah Islami Bank & another, 2011, 40 CLC (HCD)
..... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......t opposite party No.1 filed a Complaint Case No.59 of 2006 against the petitioner in the Court of learned Magistrate, 1st Class, Gazipur alleging, inter alia, that the petitioner is a registered bank and governed under the supervision of the Bangladesh Bank and engaged in differÂent financial busin....... In the result the Rule is discharged. The Order of stay granted earlier is hereby vacated. Communicate the Order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 255. ......5,814 and the petitioner subÂmitted a cheque for encashment of the said money to the bank on different dates but it was dishonoured, and on 23-2-2006 finally dishonoured. Thereafter on 27-2-2006 the plaintiff petitioner bank served a legal notice for making the payment within 7 days of receipt of t..Category: Civil Law | Date: | Hits: 217
Shah Alam (Md.) Vs. Bangladesh Water DeveÂlopment Board, 2012, 41 CLC (HCD)
....rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......d. Al-Akram (Badal), 46 DLR 122; Bangladesh Water Development Board Vs. Progati Prakaushali, 49 DLR 335; Haji Amir Bux Vs. Sono Khan, PLD 1979 Karachi 45; Bangladesh Water Development Board Vs. Nasim and Brother, 1988 BLD 369; Mol Enterprises Inc. Vs. Government of the People's Republic of Banglades......rder of stay at the time of issuance of the rule is hereby vacated. Let a copy of the Judgment be sent to the Court below at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 245. ......Abdus Salam Vs. Osman Gani and another, BCR 1984 (AD) 346;Bangladesh Water DevelopÂment Board Vs. Progati Prokashani, 44 DLR 335. Lawyers Involved: AKM Nazrul Islam, Advocate-for the plaintiff-petitioner. Kamal-ul-Alam, Advocate with Mir Joynal Abedin, Advocate -for the..Category: Civil Law | Date: | Hits: 195
Bank of Small Industries & Commerce Bangladesh Vs. Shahabuddin Ahmed, 2012, 41 CLC (HCD)
....receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......……..Petitioner Vs. Shahabuddin Ahmed……………………Opposite-Parties Judgment March 14, 2012. Result: The rule is made absolute. Case Referred to- Babul Chowdhury and others Vs. Reba Rani Saha and othÂers, 15 BLD 644. Lawyers Involved: Md. Khurshid Alam Kh......receipt of the lower Court records. Send down the LCRs along with a copy of the Judgment and order to the Court below immediately. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 241. ......Court may seem fit and proper. 2. The relevant facts necessary for disposal of the rule are that the petitioner, namely Bank of Small Industries & Commerce Bangladesh (Now Basic Bank Ltd.), as plaintiff, filed Money Suit No.27 of 1994 for realization of Taka 2,38,63,639.03 (two crore thirty e..Category: Civil Law | Date: | Hits: 161
Azibur Rahman Alias Arzu Vs. Kala Miah & another, 1982, 11 CLC (HCD)
..... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ......zibur Rahman Alias Arzu……………………………Appellant Vs. Kala Miah & another……………………………Respondents Judgment March 22, 1982. Result: The appeal and the Rule are disposed of. Lawyers Involved: Shaik Ashfuq Ali - For the Appellant. Syed....... The appeal and the Rule are accordingly disposed of. Parties are made to bear their own costs. Chowdhury ATM Masud J.- I agree. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 77. ...... Court of Subordinate Judge, 4th Court, Dacca on 21.1.81 against the respondent No.1 as defendant for dissolution of partnership constituted between him and respondent No.1 and also for accounts. The plaintiff filed an application for temporary injunction for restraining the defendant from carrying ..Category: Procedural Law | Date: | Hits: 146
Juman Mia Vs. Zainab Bibi, 1983, 12 CLC (HCD)
....umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ...... entitled, withÂout prejudice to this right, to stay on till the end of a full month or a full year of the tenancy, as the case may be. If the time given is in excess of the half term of the tenancy and the tenant is able to stay on for a half term before the date of the determination of the lease ......umstances of the case. I do not find any ground for interference in this matter. The application is, therefore, summarily rejected. Ed. This Case is also Reported in:35 DLR (HCD) (1983) 351. ......il procedure calling into question the Judgment and decree dated 30 6.83 an 17.7.8.3 respectively passed by the learned SubÂordinate Judge, 4th Court, Dhaka in Title Appeal No 130 of 1982. 2. The plaintiff opposite party Jainab Bibi instituted Tills Suit No 236 of 1979 in the Third Court of Muns..Category: Property Law | Date: | Hits: 73
Hubble Corporate Ltd. Vs. Artha Rin Adalat & others, 2010, 39 CLC (HCD)
.... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......nts Judgment August 4, 2010. Result: The Rule is discharged. Case Referred to- Abdul Jalil Vs. Islami Bank Bangladesh Limited, 53 DLR (AD) 12; Pubali Bank Ltd. Vs. Sultana Oil Mills and Soap Factory, 51 DLR 323; Burma Eastern Ltd. Vs. Burma Eastern Employees Union, 18 DLR 709; Shaf...... of stay granted earlier by the Court stands vacated. No order as to costs. Communicate the Judgment to respondent No.1 at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 91. ......oods were damaged; (iv) in such view of the matter, the Bank has no right to claim any amount from the petiÂtioner as the goods were destroyed due to negÂligence of the Bank; (v) the Bank, as plaintiff filed the Artha Rin Suit unlawfully claiming huge amount of loan money from the defendant-..Category: Civil Law | Date: | Hits: 176
Mangal Chandra Sarker and others Vs. Bangladesh and others, 2011, 40 CLC (HCD)
....s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......Case is also Reported in: 64 DLR (HCD) (2012) 152. ......s from the places wherein their homesteads are situatÂed considering their humanitarian approach. Communicate the order at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 152. ......ition in the Appellate Division and their Lordships of the Appellate Division quoted the folÂlowing portion of the Judgment of the High Court Division:- "She further submits that according to the plaintiff the properties appertain to the waqf estate while the Government claims that it does not f..Category: Property Law | Date: | Hits: 89
Bashir Ullah Master Vs. Bangladesh and others, 2008, 37 CLC (HCD)
....btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......2009) 760. ......btor petitioner. Office is directed to communicate the order at once with a copy of judgment for information and necessary action. Ed. This Case is also Reported in: 61 DLR (HCD) (2009) 760. ......etition) should not be declared to have been made without lawful authority and is of no legal effect. 2. Short facts leading to this Rule are that on 22-4-2004 the respondent No. 3, Sonali Bank as plaintiff instituted Artha Rin Suit No. 30 of 2004 in the Court of Artha Rin Adalat No. 1, Chandpur,..Category: Civil Law | Date: | Hits: 93
Category: Procedural Law | Date: | Hits: 165
Abdul Jabbar Bhuiyan and others Vs. Kulsum Banu Bibi and others, 2008, 37 CLC (HCD)
....ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......the Appellate Division Order on Civil Petition for Leave to Appeal here. Supreme Court High Court Division (Civil) Present: Syed Abu Kowser Md. Dabirush-Shan J Abdul Jabbar Bhuiyan and others………………….Defendant-Respondent-Petitioners Vs. Kulsum Banu Bibi and othe......ourt at the time of issuance of the rule is hereby vacated. Lower Court's record be sent down at once with a copy of the judgment. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 212. ......t Judge, Kashba, Brahmanbaria, in Title Suit No.28 of 2004 dismissing the suit, should not be set aside. 2. The opposite party Nos. 1. Kulsum Banu Bibi, 2. Tara Barm Bibi and 3. Md. Abdur Rahim as plaintiffs instituted the Title Suit No.52 of 1991 in the Court of the learned Senior Assistant Judg..Category: Property Law | Date: | Hits: 112
Md. Wahed Ali Vs. Ms. Moslema Khatun, 2008, 37 CLC (HCD)
.... 22. 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: 14 MLR (HCD) (2009) 427. ......¦â€¦.Petitioner Vs. Ms. Moslema Khatun……………………………..Opposite party Judgment November 30, 2008. Result: The Rule is discharged. Case Referred to- Akrab Ali and others Vs Zahiruddm Kari and others, 30 DLR (SC) 81; 43 DLR (AD) 82; 51 DLR (AD) 57; 19 BLD (AD)...... 22. 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: 14 MLR (HCD) (2009) 427. ...... 31-05-2003 passed by the learned Judge of the Family Court, Basail, decreeing Family Suit No.10 of 2002, in part. 2. Short facts leading to this Rule are that on 03-07-2002, the opposite party as plaintiff instituted Family Suit No.19 of 2002 in the Family Court of Basail, impleading the petitio..Category: Family Law | Date: | Hits: 180
STX Corporation Ltd. Vs. Meghna Group of Industries Limited and others, 2011, 41 CLC (HCD)
..... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......ourt High Court Division (Special Original Jurisdiction) Present: Mamnoon Rahman J STX Corporation Ltd………………………Petitioner Vs. Meghna Group of Industries Limited and others…………………………Respondents Judgment January 1, 2011. Result: Th....... Accordingly, the application under secÂtion 7Ka of the Arbitration Act of 2001 is dismissed. Interim order, if any, be vacated. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 550. ......ted in foreign country the suit was filed and thereÂupon the defendants filed an application under section 10 of the Arbitration Act, 2001 for stayÂing the proceedings of the suit and to direct the plaintiff to refer the matter to the Arbitration. The application so filed under section 10 of the A..Category: Alternative Dispute Resolution | Date: | Hits: 506
National Bank Ltd. Vs. Provashi International Ltd. and others, 2010, 39 CLC (HCD)
....der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......n (Civil Appellate Jurisdiction) Present: Sheikh Abdul Awal J FRM Nazmul Ahasan J National Bank Ltd………………………Plaintiff-appellant Vs. Provashi International Ltd. and others………………………Defendant-respondents Judgment December 12, 2010. Resu......der as to costs. The Judgment and decree passed by the trial Court is hereby affirmed. Send down the lower Court records at once. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 229. ......f the Judgment and decree dated 14-4-1991 (decree signed on 4-5-1991) passed by the learned Subordinate Judge and Artha Rin Adalat No.3, Dhaka, in Title Suit No.177 of 1999 dismissing the suit of the plaintiff. 2. The facts of the case, in brief, are that the National Bank Ltd., Dilkusha Branch, ..Category: Civil Law | Date: | Hits: 106
Nurul Islam Shaikha and others Vs. Shahadat Hossain & others, 2011, 40 CLC (HCD)
....t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......t Nos.1, 3, 5 and 6 exparte against the rest. No order as to cost. Send down the LC records along with a copy of this Judgment. Ed. This Case is also Reported in: 64 DLR (HCD) (2012) 222. ......se daughters, being defendant Nos.1 and 3, were given in marriage and they used to live at different villages with their respective husÂbands. The other daughter Defendant No.2 and her husband being plaintiff's mother and father respecÂtively and plaintiff himself live at the house of Soleman Ness..Category: Property Law | Date: | Hits: 139
Md. Shahidul Islam Vs. Most. Anwara Begum, 2007, 36 CLC (HCD)
....aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ...... Most. Anwara Begum………………………Opposite party Judgment September 11, 2007. Result: The Rule is made absolute. Muslim marriage is a socio-religious contract between a man and a woman and as such signatures of the parÂties in the 'Kabinnama' are essential for proving mar......aside and the Family Suit No.75 of 2004 is dismissed. 19. Send down the L.C. Records at once. Md. Abdul Wahhab Miah J.- I agree. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 114. ......es of the parÂties in the 'Kabinnama' are essential for proving marriage. No amount of oral eviÂdence can cure the deficiency and no amount of oral evidence is sufficient to prove marriage when the plaintiff fails to prove the 'Kabinnama' according to law, the alleged marriage being flatly denied ..Category: Family Law | Date: | Hits: 140
Md. Mosarraf Hossain Mondol Vs. Md. Elias Hossain Mollick and others, 2007, 36 CLC (HCD)
....anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......ed Mohammad Ziaul Karim J Md. Mosarraf Hossain Mondol.............................Plaintiff-responÂdent-petitioner Vs. Md. Elias Hossain Mollick being dead his heirs: 1(a) Md. Bazlur Rahman and others............................Opposite parties. Judgment January 29, 2007. Result: ......anted earlier by this Court stands vacated. 29. Send down the lower Court's record at once with a copy of Judgment for information. Ed. This Case is also Reported in: 7 LG (HCD) (2010) 107. ......uld not be set aside and or pass such other order or further order or orders as to this Court may deem fit and proper. 2. Short facts leading to this Rule are that on 31.07.1985, the petitioner as plaintiff instituted Title Suit No.155 of 1985 in the Court of senior Assistant Judge Moheshpur, imp..Category: Procedural Law | Date: | Hits: 114
Azam Ali and another Vs. Akram Ali and others, 2010, 39 CLC (HCD)
....of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ...... Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......of status quo granted at the time of issuance of the Rule is hereby re-called and vacated. 20. Send down the lower Courts records. Ed. This Case is also Reported in: 18 BLT (HCD) (2010) 273. ......¦â€¦â€¦â€¦â€¦â€¦Petitioners Vs. Akram Ali and others………………………Opposite parties Judgment April 13, 2010. Result: The Rule is made absolute. After closer of the plaintiff witness the defendant can examine witness or adduce documentary evidence. Without doing so..Category: Procedural Law | Date: | Hits: 99