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Johura Khatun and others Vs. Sajed Ali Khan and others, 2009, 38 CLC (HCD)

.... different. The defen­dants contested the suit and ultimately the trial Court after hearing the parties, considering the facts and circumstances, provision of law, evidence both oral and documentary decreed the suit in prelimi­nary form vide Judgment and decree dated 20-2-1959. Being aggrieved the...... 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. ..

Category: Procedural Law | Date: | Hits: 94

Rajdhani Unnayan Kartipakha (RAJUK) Vs. Eunus Ali & others, 2012, 41 CLC (AD)

....r 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.3994 o......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. ..

Category: Property Law | Date: | Hits: 104

Rashida Mahabub Vs. IFIC Bank & others, 2007, 36 CLC (HCD)

...., in short) against Messrs Progressive Plastic Industries Ltd. (shortly, the Company) and its Chairman and directors for realisation of loan of Taka 16,60,130.65 as on 30-9-1998 and also for personal decree before the Artha Rin Adalat No.3, Dhaka (the Adalat, in brief). The suit was decreed ex parte......ith the execution case in accordance with law. The order of stay stands vacated. Communicate the Judgment to the Adalat at once. Ed. This Case is also Reported in: 13 BLC (HCD) (2008) 78. ..

Category: Civil Law | Date: | Hits: 136

Saleha Khatoon @ Saleha Begum Vs. Abdur Rahman Kha, 2009, 38 CLC (HCD)

....¦â€¦..Petitioner Vs. Abdur Rahman Kha………………………..Opposite Party 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 r......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. ..

Category: Civil Law | Date: | Hits: 114

Pran Gopal Saha and others Vs. Rafique Uddin Ahmed being dead his heirs 1(Ka) Fatema Begum and others, 2010, 39 CLC (HCD)

.... 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 the impugned judgment and decree dated 28.06.1998 and 02.07.1998 passed by the learned Subordinate Judge, 2nd Court, Manikgonj......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. ..

Category: Civil Law | Date: | Hits: 103

Sharmin Akhter Vs. Major (Rtd.) Mahbub Akbar Bhuyian, 2012, 41 CLC (HCD)

....he petitioner in the 2nd Court of Senior Assistant Judge and Family Court, Dhaka for custody of his minor son Afrad Saadi Bhuhyian, who was born on 15.1.1997 within their wedlock. The family suit was decreed ex parte on 26.11.2002. The petitioner claims that the said decree was obtained by suppressi......e the operative portion of the impugned order will remain unchanged and will take effect from the next date of hearing of the appeal, if it is still pending. Ed. This Case is also Reported in: ..

Category: Family Law | Date: | Hits: 117

Nirmal Chandra Halder Vs. Hasina Begum and others, 2012, 41 CLC (HCD)

....r 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 (decree signed on 7.4.2008) passed by the Joint District Judge, Second Court, ......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: ..

Category: Civil Law | Date: | Hits: 73

M. A. Jaher and others Vs. Sonali Bank and others, 2007, 36 CLC (HCD)

....le, in shor1 are that the respondent No.1 Sonali Bank, Bhola Branch filed Artha Rin Suit No.5 of 1998 against the petitioners for recovery of loan money amounting to Tk. 1,02,69,058/41. That suit was decreed exparte by the judgment and order dated 13.11.2000. The decree holder bank, thereafter, star...... surrender before the Artha Rin Adalat concerned within 30 days from the date of receipt of the copy of this judgment by that Adalat. Ed. This Case is also Reported in: 13 MLR (HCD) (2008) 283. ..

Category: Civil Law | Date: | Hits: 69

Abdul Matin Vs. Government of the People's Republic of Bangladesh, 2007, 36 CLC (HCD)

....uding the Government in order to steer clear of Order/Judgment/Decree maintained by last ladder of hierarchy take recourse to ingenious methods in filing Civil proceedings to rout order/ Judgment and decree of Courts including highest Court of the land. Seekers of Justice in whose favour Judicial ve......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. ..

Category: Property Law | Date: | Hits: 69

Md. Raushan Alam Vs. Mst. Zahura Khatun, 2012, 41 CLC (HCD)

....stion the legality of judgment and order dated 18.8.1996 passed by the Senior Assistant Judge, Gaibandha Sadar allowing an application under Order IX rule 13 of the Code on setting aside the ex parte decree passed in Other Class Suit No.152 of 1994. 2. The matter has been appearing at the top of ......rder IX rule 13 of the Code for setting aside the said ex parte decree stating, inter alia, that she had instituted Family Suit No.59 of 1993 in the Family Court, Gaibandha against the petitioner for dower and maintenance. The petitioner being defendant was contesting the family suit by filing a wri..

Category: Procedural Law | Date: | Hits: 105

Amarbati Natya Mandir Vs. State, 2009, 38 CLC (HCD)

....tuted the suit claiming as Mahant-in-charge of the Shiromoni Dera the right to manage the properties attached to the Dera at Landeke and prayed for recovery of possession of the Dera. The trial Court decreed the suit and in the appellate Court the decree was reversed. An appeal was preferred by the ......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. ..

Category: Civil Law | Date: | Hits: 104

Agrani Bank Vs. Orbit Enterprise Ltd and another, 2009, 38 CLC (HCD)

....or 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 respectively passed by the learned Subordinate Judge, Dhaka in Tit......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. ..

Category: Civil Law | Date: | Hits: 95

Rezia Sultan & another Vs. Md. Haroon Malik and another, 2011, 40 CLC (HCD)

....risdiction of Courts of Small Causes i.e. the Court has jurisdiction in the case of eviction of the tenant and Small Causes Courts cannot decide title of any party, it has no jurisdiction to pass the decree for recovery of possession if the tenant thrown out of possession of the premises. It can set......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.   ..

Category: Civil Law | Date: | Hits: 94

Hashem Ali & Others Vs. Suruj Ali & Others, 2010, 39 CLC (HCD)

....bdur 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 Jud......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. ..

Category: Property Law | Date: | Hits: 83

Khorshid Nayeem and others Vs. Land Appeal Board land others, 2010, 39 CLC (HCD)

....ot be declared to have been passed without lawful authority and of no legal effect and why the respondent Nos.3-5 should not be directed to mutate the names in Miscellaneous Case No.19 of 1987 as per decree passed in Title Suit No.280 of 1970 in respect of the 7 (Seven) SA Plots measuring 5-17 acres...... to the extent of 5.17 acres as it originally stood. Communicate this Judgment to the Land Appeal Board (respondent No.1) at once. Ed. This Case is also Reported in: 17 BLC (HCD) (2012) 511. ..

Category: Property Law | Date: | Hits: 115

Dutex Enterprise Co. Ltd. Vs. RMS Textile and Apparels Ltd. and others, 2010, 39 CLC (HCD)

....4. 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, against defendants seeking following reliefs: (a) A decree be passed against defendant No.1 that the cancellation of the Master L.C. No.IC006096U dated ......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. ..

Category: Business or Commercial Law | Date: | Hits: 365

Md. Munsur Ali & others Vs. Sher Mohammad being dead his heirs: 1(A) Most. Tara Bibi and others, 2009, 38 CLC (HCD)

.... For the Opposite parties. Civil Revision No.1776 of 2000. Judgment Sheikh Abdul Awal J.- By this Rule the opposite parties were called upon to show cause as to why the impugned judgment and decree dated 27.01.2000 passed by the learned Subordinate Judge, 1st Court, Nawabgonj in Title Appea......fe Fakimon Bibi, the mother of the plaintiffs; that before his death he transferred some properties measuring 1.32 acres of land on 12.01.1961 in favour of the mother of the plaintiffs in lieu of her dower besides this he did not transfer any land to any body; that the defendants claimed the land tr..

Category: Property Law | Date: | Hits: 66

Md. Hasan Habib alias Ahsan Habib and others Vs. Government of the People's Republic of Bangladesh and others, 2010, 39 CLC (HCD)

....recovery of money and subsequently the said suit was transferred to the Court of Subordinate Judge and additional Artha Rin Adalat No.2 Dhaka and renumbered as Title suit No.261 of 1998. The suit was decreed ex parte against the defendant-petitioners and others by judgment and decree dated 14.2.1999......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. ..

Category: Civil Law | Date: | Hits: 85

Md. Ragib Hasan Khan @ Munu Vs. State and another, 2009, 38 CLC (HCD)

....f 1997, the bank after two months filed CR Case No.249 of 1997 (Ishurdi) before the learned Magistrate, Pabna on 09.07.1997 against the accused Nos. 1 to 3; that the civil suit No.92 of 1997 has been decreed ex parte in favour of the bank and thereafter the bank started execution case. It is further......itled to get any relief as prayed for. Hence the rule fails. In the result, the Rule is discharged. Order of stay stands vacated. Ed. This Case is also Reported in: 30 BLD (HCD) (2010) 353. ..

Category: Procedural Law | Date: | Hits: 79

Pubali Bank Ltd. Vs. Contech Ltd. and others, 2005, 34 CLC (HCD)

....gor and the guarantor of the loan. Since Siemens did not fall within the definition of either mortgagor or guarantor the plea of 'defect of parties' was rejected by the Arthorin Adalat. Therefore, in decreeing Arthorin Adalat Case No.33 of 2002 the view taken by the Arthorin Adalat is that he is onl......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. ..

Category: Civil Law | Date: | Hits: 87